Funtomika Terms and Conditions
Effective Date: April 16, 2025
These Terms and Conditions (the "Terms") form a legal agreement between you and Funtomika ("Funtomika", "we", "us", or "our") governing your access to and use of our mobile games, websites, and related services (collectively, the "Services"). By downloading, installing, accessing, or using any of our Services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you must not use the Services.
These Terms apply whether you access the Services on a mobile device, tablet, computer, or any other platform. Additional terms may apply to specific games, applications, or features; any such terms will be presented to you and will become part of your agreement with us if you use those features. In the event of a conflict, those additional terms will prevail for the specific Service they apply to.
Please review these Terms carefully. We may update or modify these Terms from time to time (see Section 17 below on Changes to Terms). Your continued use of the Services after updated Terms have been posted or provided to you indicates your acceptance of those changes.
You must be at least 13 years old (or the minimum age required by your country’s laws, which may be 16 in certain jurisdictions) to use our Services. If you are under the age of majority in your country (typically under 18), your parent or legal guardian must review and agree to these Terms on your behalf. By accessing or using the Services, you represent that you are of legal age to agree to these Terms or that you have your parent/guardian’s permission to do so.
We comply with applicable child protection and data privacy laws such as the U.S. Children’s Online Privacy Protection Act (COPPA) and the EU General Data Protection Regulation (GDPR). We do not knowingly collect personal information from children under the age of 13. If we learn that an under-13 user (or under-16 in certain regions) is using the Services without appropriate consent, we will terminate the account and delete any personal data as required by law.
You may only use the Services if doing so is not prohibited in your country and you are not barred by any applicable laws from using our games. Use of the Services is void where prohibited by law.
When using our Services, you may have the option or requirement to create an account with Funtomika or to log in via an authorized third-party platform (such as Apple, Google, or a social network). If you create an account, you agree to provide truthful, current, and complete information during registration and to keep your information updated as needed. You must choose a secure password and keep your login credentials confidential.
Account Responsibility: You are responsible for all activity that occurs under your account, whether authorized by you or not. **Do not share** your account or allow others to access it. If you become aware of any unauthorized access or suspect that your account has been compromised (for example, loss or theft of login information), you should immediately reset your password and contact our support team.
One Account Per User: Unless specifically permitted by us, you should create only one account for your personal use. You shall not create an account using a false identity or information, or on behalf of someone other than yourself. You also agree not to sell, rent, gift, or transfer your account to any other person. Funtomika reserves the right to remove or reclaim any username or account if we believe it is appropriate (for instance, if a username is offensive or violates someone’s rights).
Account Suspension and Deletion: We may suspend or terminate your account if we have reason to believe that you have violated these Terms, engaged in fraudulent or illegal behavior, or for other reasons in accordance with Section 11 (Termination). Additionally, if an account remains inactive (no logins) for an extended period (for example, 180 days or more), we reserve the right to deactivate or delete the account to free up resources. We will attempt to notify you (e.g., via the email associated with your account, if available) before deletion of an inactive account. Please note that if your account is deleted (whether by you or by us), you may permanently lose access to the account and any data or virtual items associated with it, without any compensation or refund, as permitted by law.
Your account is personal to you. Funtomika retains ownership of all accounts and licenses them to users for personal use. You have no ownership or property interest in your account. We may at any time require proof of your identity or age in connection with your account to ensure compliance with these Terms.
Subject to your compliance with these Terms, Funtomika grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to download, install, and use our games and related Services for your personal, non-commercial entertainment use only. This license is provided solely for your own use of the Services as intended by Funtomika and in accordance with these Terms.
All rights, title, and interest in the Services (including but not limited to all games, software, code, titles, characters, stories, animations, graphics, designs, artwork, sound effects, music, and other content in the games, as well as the Funtomika name and logos) are owned by Funtomika or its licensors and are protected by copyright, trademark, patent, and other intellectual property laws. Except for the limited license granted to you, no rights in or to the Services are transferred to you. Funtomika and its licensors retain all ownership of the Services and all related intellectual property.
License Restrictions: You agree that you will not, under any circumstances:
- Copy, reproduce, distribute, modify, adapt, translate, reverse engineer, decompile, or attempt to extract the source code of our games or any part of our Services, except to the limited extent expressly permitted by applicable law (and then only with advance notice to us).
- Use any of our content or intellectual property (including screenshots, artwork, music, etc.) outside the Services without our prior written consent, except as permitted by law (for example, for personal, non-commercial fan content that complies with our policies).
- Remove or obscure any copyright, trademark, or other proprietary notices from the Services.
Any use of the Services that is not expressly authorized by these Terms is prohibited and will automatically terminate your license to use our Services. If you breach these Terms, you must immediately cease using our Services and we may take action as described in Section 11 (Termination).
Please note that this license is a permission to use our Services – we are not selling you the software or any ownership rights. You acknowledge that any game or Service may contain licensed content from third parties, and those third parties may enforce their rights in the event you violate their rights as well.
We want Funtomika games to be fun and fair for everyone. When using our Services, you agree to behave responsibly and to refrain from any misuse of the Services. You may not engage in any conduct that we deem inappropriate, unlawful, or harmful to the Services or to others. This includes, without limitation, the following prohibitions:
- No Illegal or Unauthorized Use: You will not use the Services for any illegal purpose or in violation of any applicable laws or regulations. You will not engage in fraudulent activities, promote illegal activities, or impersonate any other person or entity.
- No Hacking or Cheating: You will not hack, attempt to hack, modify, disrupt, or interfere with the normal functioning of our games or servers. This means you must not use cheats, automation software (bots), mods, hacks, or any unauthorized third-party software that modifies the game experience or gives an unfair advantage. Also, do not exploit any bugs or glitches in the game; if you discover one, please report it to us instead of abusing it.
- No Unauthorized Access: You will not attempt to gain unauthorized access to any account, system, or network connected to the Services (including by attempting to obtain passwords or other security information from other users) or attempt to bypass or circumvent any security features or measures we employ to protect the Services.
- No Disruption or Malicious Code: You will not introduce or transmit any viruses, malware, Trojan horses, spyware, corrupted data, or any other harmful or disruptive software or code via the Services. You will not perform any denial-of-service attacks or otherwise try to disrupt the proper functioning of the Services or any other user’s experience.
- No Commercial Exploitation: You will not use the Services for any commercial purpose without our permission. This means you cannot advertise or solicit in the games, collect or harvest any information about other users (such as their email addresses) to send unsolicited offers, or use the Services to promote any product or service not authorized by Funtomika.
- No Unauthorized Sales or Transfers: Except as expressly permitted within the Services, you will not buy, sell, rent, trade, or transfer any accounts, virtual currency, virtual items, or access to the Services through any platform or forum outside of Funtomika’s official channels. Such transactions are not authorized and are against these Terms.
- No Interference or Reverse Engineering: You will not interfere with or artificially burden the networks or servers connected to the Services. You agree not to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures. Additionally, aside from permitted modding tools (if any) provided by Funtomika, you will not reverse engineer, decompile, or disassemble the Services or create any derivative works based on the Services (except as allowed under Section 4 and applicable law).
Engaging in any of the above prohibited activities is a serious violation of these Terms and may lead to immediate suspension or termination of your access to the Services (see Section 11). We reserve the right to take appropriate action against you for any behavior that violates the letter or spirit of these rules, including legal action if necessary.
Our games may include virtual in-game items, features, and currencies (for example, coins, gems, points, tokens, power-ups, or other digital items, collectively "Virtual Items"). You may earn Virtual Items through gameplay or purchase a limited license to use them through our Services (as described in Section 7). When you obtain Virtual Items, whether earned or purchased, you are obtaining a **limited, revocable, non-transferable license** to use those Virtual Items within the game and **not ownership** of the Virtual Items themselves.
No Real-World Value: Virtual Items have no real-world monetary value. They are game features that can be used as part of the gameplay experience. You agree that Virtual Items are not currency or property and are not redeemable for any “real” money, goods, or other items of monetary value from Funtomika or any other party. Any balance of Virtual Items shown in your account does not constitute a real-world balance or reflect any stored value, but rather measures the extent of your limited license.
Non-Transferability: Virtual Items are personal to your account. You may not sell, trade, gift, or transfer Virtual Items to any person or entity, nor attempt to do so, except through in-game features expressly permitted by Funtomika (for example, if a game permits sending a one-time gift to a friend within the game, that is only allowed as explicitly provided in the game). Outside of the authorized gameplay, any exchange of Virtual Items is strictly prohibited. Funtomika does not recognize or facilitate any purported transfers of Virtual Items outside the Services (e.g., trading Virtual Items for real money or anything of value off-platform) and is not responsible for Virtual Items obtained from any source other than Funtomika or our authorized partners.
Use and Expiration of Virtual Items: Funtomika reserves the right to manage, regulate, control, modify, or eliminate Virtual Items at its sole discretion. For example, we may adjust the game balance, values, or drop rates of Virtual Items, introduce new Virtual Items, or discontinue certain Virtual Items. These changes may affect the in-game functionality or value of Virtual Items. You understand that Funtomika has this right and will not have any liability to you or anyone for the exercise of such rights. All Virtual Items (whether earned or purchased) are provided to you under a limited license as described above, and they may be terminated or forfeited if your account is terminated for any reason, if we discontinue the game or the Services, or as otherwise set forth in these Terms.
Loss of Virtual Items: You bear the risk of loss for Virtual Items once they are acquired by you. This means that we are not responsible for any loss or damage to Virtual Items due to user error (e.g., accidentally deleting something in-game), or if you uninstall a game or change devices without properly saving your account data (for instance, if you play without an account and then lose access). We strongly recommend connecting your game to an account (when possible) to safeguard your progress and Virtual Items. In some cases, Virtual Items may be awarded on a per-device basis (for example, local saved data); if you do not create an account or cloud-save and you switch or reset devices, those locally stored Virtual Items may be lost and not recoverable.
Please also note that Virtual Items are licensed to you as a part of the Service. You do not have any right or title to any Virtual Items appearing or originating in the Services, or any other attributes associated with use of the Services or stored within the Services. We appreciate that you might spend significant time or money acquiring Virtual Items, but we must make these rules to maintain the integrity of our games and comply with legal requirements.
Funtomika’s games may offer opportunities to purchase access to certain content or features, including but not limited to Virtual Items (defined in Section 6) and subscriptions for additional benefits. All purchases you make through our Services (for example, buying virtual currency packs or premium upgrades) are final and subject to these Terms. When you make a purchase, you are buying a limited license to use that digital content or feature within the Services.
Third-Party Payment Platforms: If you purchase Virtual Items or subscriptions, you will typically do so through a third-party platform such as the Apple App Store, Google Play Store, or other authorized payment processors. These purchases are also governed by the terms and conditions and payment policies of the platform you use (e.g., Apple Media Services Terms or Google Play Terms of Service). Funtomika has no direct access to your payment information (such as credit card numbers) when you make in-app purchases. We only receive confirmation from the platform that the purchase was successful, so that we can then grant you the Virtual Items or subscription in the game.
Pricing and Taxes: All prices for digital purchases will be as specified within the app or Service at the time of purchase. Prices are subject to change at any time. The price may not include internet or data fees or other charges charged by your mobile provider, which you are responsible for paying. If any sales, use, value-added (VAT) or other taxes apply to your purchase, those taxes may be added to the amount charged to you where applicable, in accordance with local law.
Subscriptions: Some of our games may offer subscription services (for example, a monthly VIP membership or season pass that provides in-game benefits or currency on a recurring basis). If you opt to subscribe, the subscription will be billed on a periodic basis (e.g., weekly, monthly, or annually) as disclosed, and will automatically renew at the end of each subscription period **unless** you cancel the subscription prior to the renewal date. You authorize the platform (e.g., Apple or Google) to charge the applicable subscription fees to the payment method you have on file. You can manage or cancel subscriptions at any time through the account settings of the platform you used to subscribe. If you cancel, you will continue to have access to the subscription benefits until the end of the then-current period that you’ve paid for, but no refund will be provided for the remaining period of a subscription except where required by law. We reserve the right to change the subscription fees or benefits, but if we do so, we will give you advance notice and an opportunity to cancel before such changes apply to you.
All Sales Are Final – Refund Policy: **In general, all charges for purchases are non-refundable**, and there are no returns or exchanges for Virtual Items or subscriptions once purchased. Upon purchase, the digital content is delivered to your account promptly (often immediately), and you get the benefit of it right away. For this reason, **we do not offer refunds or exchanges** for any purchases of digital items, except in our sole discretion or if the law in your jurisdiction requires a refund. If you believe you have a special case (for example, you were charged twice, or you did not receive the item you purchased due to a technical error), you can contact our support team and we will review your request. However, please be aware that the platform (Apple, Google, etc.) may handle billing issues and refunds according to their own policies, and in many cases, you will need to contact the platform’s support for purchase disputes. We have no obligation to provide a refund or credit for any reason, except as stated herein.
Legal Rights (Withdrawal/Cancellation): Depending on your location, you may have certain statutory rights to cancel orders or obtain refunds for digital purchases. For example, in the European Economic Area (EEA) and the United Kingdom, consumers generally have a right to withdraw from an online purchase within 14 days of the purchase. **However**, if you purchase digital content (like a virtual item or subscription) that is provided immediately for use, the law allows the provider to obtain your consent to immediate delivery and acknowledgment that you lose the right to cancel once the content is delivered. By making a purchase of digital content from Funtomika, you request and consent to immediate provision of the purchased content and acknowledge that you will lose any legal right to withdraw from or cancel the purchase once the digital content is available in your account. This means that all purchases of Virtual Items or other digital content are final once delivered in-game, **except** where explicitly mandated otherwise by applicable law.
Unauthorized Payments: You are responsible for keeping your account secure and for any purchases made on or through your account. If you are a parent or guardian, you are responsible for charges incurred by your child. Please monitor your payment methods (e.g., credit card or app store password) to prevent unauthorized charges. Funtomika is not liable for any losses incurred due to unauthorized use of your account (but do contact the platform or us if you suspect any unauthorized transaction; we will do our best to assist or guide you on next steps, which may include contacting the payment platform).
Any attempt to defraud Funtomika through the Services or use of our games, or any failure by you to honor charges or payment requests, may result in immediate termination of your account and legal action.
Many Funtomika games include multiplayer modes or community features that allow you to interact with other players (such as team play, chat, or leaderboards). We expect all players to behave respectfully and adhere to good sportsmanship. When you interact with others through our Services, you agree to the following community standards:
- Be Respectful and Kind: Do not harass, bully, threaten, insult, or intentionally upset or embarrass other players. This includes using slurs, offensive or vulgar language, hate speech, or making remarks that attack someone’s race, ethnicity, religion, gender, sexual orientation, disability, or any other personal characteristic. Treat others the way you would want to be treated.
- No Cheating or Unfair Play: Play fairly and follow the rules of the game. Do not cheat, team up in unauthorized ways (for example, colluding with opponents in a competitive match), or exploit loopholes and bugs to gain an advantage. Cheating not only violates these Terms (see Section 5) but also ruins the experience for everyone. We may impose penalties, including bans, on players who cheat or engage in unfair play.
- No Spamming or Disruptive Behavior: Do not flood the chat or communication channels with repetitive messages, advertisements, or irrelevant content. Avoid excessive shouting (using all caps) or any behavior that makes it difficult for others to enjoy the game or communicate. Additionally, do not impersonate other players or Funtomika staff, and do not falsely claim to be a moderator or have special privileges.
- No Inappropriate Content: Do not share or link to illegal, obscene, pornographic, or otherwise inappropriate content through the game’s chat or messaging systems. This includes any content that is defamatory or that violates any third-party rights (such as someone’s intellectual property or privacy rights).
- Follow the Game-Specific Rules: Every game may have its own set of rules or etiquette guidelines (for example, game instructions might specify what is considered cheating or poor sportsmanship for that game). Follow those rules as well as any additional community guidelines or Code of Conduct that Funtomika may provide. These Terms incorporate all such rules and guidelines by reference.
Funtomika is not responsible for player interactions, but we reserve the right to monitor in-game communications (to the extent permitted by law and our Privacy Policy) and moderate the community spaces. If you encounter another user who is violating these rules, you can report them through the in-game reporting function (if available) or via our contact page. We will review reports and take action at our discretion. This may include removing offending content, warning, suspending, or banning the offending account (temporary or permanent), or any other appropriate measures.
Please remember that your interactions with other players should remain civil and game-related. Enjoy competition in the spirit of fairness and camaraderie. We want our community to be welcoming and safe for all players.
Funtomika’s games and Services are primarily designed for gameplay and entertainment and generally do not enable users to create or share their own content beyond standard gameplay interaction. Unlike some platforms, our games do not support user-generated content such as user-designed levels, artwork uploads, or custom mods within the game. Therefore, you should not attempt to upload or transmit any creative works or content through our Services except for communications and information that are part of normal gameplay (for example, chat messages, player profile names, or scores).
Communications and Content You Provide: To the extent you do submit or communicate any content while using the Services (for instance, text chat with other players, a username or avatar, or feedback to us), you agree that such content will comply with these Terms (especially Section 8 on Community Rules and Section 5 on Prohibited Activities). You remain responsible for any content you share or post through the Services. We do not pre-screen user communications, and we are not responsible for the content of messages or materials that players may transmit. However, as noted, we may monitor and moderate and we reserve the right to remove any content that violates these Terms or applicable law.
By sending any content through the Services (including suggestions, feedback, or support inquiries you send to Funtomika), you grant Funtomika a worldwide, perpetual, irrevocable, royalty-free, non-exclusive, sublicensable and transferable license to use, reproduce, distribute, adapt, modify, translate, create derivative works from, publicly perform, and publicly display that content in connection with operating and providing the Services. This license is only for the purpose of enabling us to provide the Services (for example, to display your username and chat messages to the intended recipients, or to use your feedback to improve the game), and in accordance with our Privacy Policy. You represent that you have all necessary rights to submit the content and to grant us this license.
However, to reiterate, our games are not a place to post your own original content for others to download or use outside the game context. Any content you provide is generally ephemeral or limited to the context of the Service. If you are looking to share fan art, videos, or other creations about our games publicly, please do so on your own social media or websites, and be aware of our fan content guidelines if we have any. Content you share directly through the Services should only be that which is relevant and appropriate for the gameplay experience.
If you have any questions about what is or isn’t allowed as user content in our Services, please contact us. We value creativity and feedback from our players, but we must ensure that our platform remains safe and is used as intended.
Game Updates and Patches: Funtomika may from time to time provide updates, patches, enhancements, or modifications to the games or Services (for example, to add or remove features, rebalance gameplay, fix software “bugs” or address security concerns, or improve performance). You consent to the automatic installation of such updates as part of the Service. If you do not install updates, the Services or certain features may no longer function correctly or may become inaccessible (for example, if you refuse an update, the game might not be playable online until updated). We encourage you to keep your software and devices up-to-date to ensure you can access the latest features and security improvements.
Changes to the Services: We reserve the right to change or discontinue all or any part of our Services at any time, with or without notice to you. This can include modifying a game, changing how it is played or how it looks, removing certain modes or features, or, in some cases, completely discontinuing a game or service. For example, we may decide to retire an online game and shut down its servers if it is no longer viable to maintain. If a game or Service is being discontinued, we will attempt to provide advance notice to the players (for instance, via in-game notifications, on our website, or through the app store page) so you are aware of the timeline. After a game is discontinued, you will not be able to access the game or any Virtual Items in that game, and no refunds will be provided for prior purchases except as required by law or expressly stated in a special announcement by us.
Service Availability: We strive to keep our Services up and running smoothly, but we do not guarantee that the Services will always be available or error-free. Our games may experience occasional outages, interruptions, or slowdowns due to maintenance, server issues, network latency, or other technical reasons. There may also be times when certain features or the entire Service become unavailable unexpectedly (for example, due to power outages, hardware or software failures, cyber attacks, or events beyond our control). You agree that we are not liable for any inability to access the Services, any loss of data or progress, or any other harm that might result from these interruptions, to the extent permitted under applicable law.
Device and Network Requirements: You are responsible for having the equipment, software, and internet connection necessary to use our Services. Funtomika does not provide internet access, and standard data and connectivity charges from your mobile or internet provider will apply. We make no guarantee that our games will function on all devices or in all network environments. It is your responsibility to use a compatible device and update the game to any required version. Over time, older devices or operating systems might no longer be supported as the Services evolve. We reserve the right to cease supporting certain platforms or OS versions; in such cases, you might need to upgrade your device or OS to continue using the Services.
In summary, while we work hard to provide you with enjoyable and reliable games, the reality of software and the internet means we cannot promise perpetual availability or perfect performance. There may be times when you cannot access the Services, and we will not be responsible for those instances. That said, if you encounter persistent issues, please reach out to our support team (Section 18) and we will do our best to help you.
Funtomika may suspend (temporarily restrict access to) or terminate (permanently revoke access to) your account or your ability to use some or all of our Services at any time if we, in our sole reasonable discretion, determine that:
- You have violated any of these Terms or any rules or guidelines that are part of our Services (such as the Code of Conduct or game-specific rules).
- You have engaged in illegal or fraudulent use of the Services, or we have strong reason to suspect such behavior.
- Your actions risk causing harm, disparagement, or legal liability to other players, third parties, or Funtomika.
- It is necessary to suspend or terminate your access to comply with a legal requirement or a request by law enforcement or other government agencies.
- The account has been inactive for an extended period (as noted in Section 3) and is subject to removal.
Suspension may include the temporary removal of your ability to log in or play, temporary disabling of chat or other features, or other limitations on your account access. Termination is the permanent closure of your account and/or ban from the Services. If your account is terminated, you will lose access to your account and all associated data permanently, including any progress or Virtual Items associated with the account (as described in Section 6). In the event of termination for cause (e.g., due to your misconduct or violation of Terms), Funtomika is under no obligation to compensate you for any Virtual Items, subscriptions, or other purchases, to provide any refunds, or otherwise be liable to you for any such losses, to the fullest extent permitted by law.
We also reserve the right to terminate or discontinue all or any part of the Services for all users (for example, shutting down a particular game entirely) as described in Section 10. In such case, your access to the Services will end, and all licenses granted to you hereunder will terminate. We will not be liable for providing refunds or compensation except as required by law or as explicitly provided in any discontinuation notice we might issue.
If your account is subject to suspension or termination, we may notify you via the email associated with your account (if available) or the next time you attempt to access the Services. If you believe we have suspended or terminated your account in error, you may contact us to appeal, and we may consider reinstating the account at our discretion, but we are not obligated to do so.
Your Right to Stop Using the Services: You may stop using our Services at any time. You may also request to delete your account by contacting us (see Section 18 for contact details). Account deletion will be subject to our data deletion policies and applicable law. Once your account is deleted, you will not have access to it and this action is generally irreversible. Any Virtual Items or subscriptions associated with a deleted account will be lost and are not refundable. Keep in mind that even if you delete your account or the Services, these Terms will still apply to any disputes that may have arisen while you used the Services.
After termination (by you or by us), Sections of these Terms that by their nature should survive will continue to apply. These include, for example, the provisions on intellectual property, disclaimers, liability limitations, dispute resolution, and any licenses you granted to us (such as in user content) which are perpetual in nature.
The Services are provided on an "as is" and "as available" basis, without warranties of any kind from Funtomika. To the fullest extent permitted by applicable law, Funtomika disclaims all warranties, express or implied, relating to the Services and their performance. This includes, but is not limited to:
- Implied Warranties: We expressly disclaim any implied warranties of title, non-infringement, merchantability, satisfactory quality, and fitness for a particular purpose. We do not warrant that the Services will meet your requirements or expectations.
- Continuity and Error-Free Operation: We do not guarantee that the Services will be uninterrupted, timely, secure, or free from errors, bugs, corruption, or loss of data. While we strive for a high-quality experience, we cannot promise that our games will run without any glitches or that any particular errors will be fixed.
- Accuracy of Information: Any information or advice (like game tips, points, or statistics) provided through the Services or by the Services (for example, via a tutorial or hint system) is for general informational or entertainment purposes. Funtomika does not warrant or guarantee the accuracy, completeness, or usefulness of such information.
- Device and System Compatibility: We make no guarantee that the Services will be compatible with or work on your particular device, hardware, or software. Performance may vary depending on your device’s capabilities, your internet connection, and other factors beyond our control.
You assume the entire risk as to the quality and performance of the Services. Downloading or using our games is done at your own discretion and risk. You will be solely responsible for any damage to your device or loss of data that results from the download or use of the Services.
Some jurisdictions do not allow the exclusion of certain warranties. If applicable law requires warranties with respect to the Services, all such warranties are limited in duration to thirty (30) days from the date of first use or the minimum period allowed by law, whichever is shorter.
Nothing in these Terms shall affect any warranties that cannot be excluded or limited under applicable law. If you are a consumer, you may have certain legal rights that vary by jurisdiction; these Terms are not intended to override those rights if they are legally mandated.
To the fullest extent permitted by applicable law, in no event shall Funtomika, its parent company (if any), affiliates, licensors, officers, employees, agents, partners, or suppliers be liable for any indirect, incidental, consequential, special, punitive, or exemplary damages, or any other damages of any kind, arising out of or relating to your access to or use of (or inability to access or use) the Services or any content therein, even if advised of the possibility of such damages. This includes, without limitation, any damages for lost profits, lost or corrupted data, lost goodwill, device damage, work stoppage, computer failure or malfunction, or any other commercial or personal damages or losses.
Funtomika’s total cumulative liability to you for any and all claims arising from or related to the Services or these Terms shall be limited to the greater of: (a) the total amount (if any) that you have paid to Funtomika for the specific Service or game in the six (6) months immediately prior to the date of the claim, or (b) one hundred US dollars (USD $100) (or the equivalent in local currency). If applicable law does not allow the limitation of liability to the amounts stated above, then our liability will be limited to the smallest amount permitted by law.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above exclusions or limitations may not apply to you. In that case, the liability of Funtomika and its affiliates will be limited to the fullest extent permitted by applicable law.
Nothing in these Terms is intended to exclude or limit Funtomika’s liability for: (i) death or personal injury caused by our negligence, or (ii) fraud or fraudulent misrepresentation, or (iii) any other liability that cannot be excluded or limited under the law of your jurisdiction (such as certain statutory consumer protections). Only the limitations and exclusions that are lawful in your jurisdiction will apply to you, and in such event our liability will be limited to the maximum extent permitted by law.
You agree to defend, indemnify, and hold harmless Funtomika, its parent company, affiliates, licensors, and their respective officers, directors, employees, contractors, agents, partners and representatives (the "Indemnified Parties") from and against any and all claims, actions, damages, obligations, losses, liabilities, costs, debts, and expenses (including attorneys’ fees) arising from or relating to:
- Your use or misuse of the Services, including any content you submit, post, transmit, or otherwise make available via the Services;
- Your violation of any term of these Terms or any of the policies or agreements which are incorporated herein;
- Your violation of any applicable law or regulation or any rights of another (including any intellectual property, privacy, publicity or other rights of any person or entity); and/or
- Any activity related to your account (including negligent or wrongful conduct) by you or any other person accessing the Services using your account (on purpose or by accident).
Funtomika reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us. You agree to cooperate fully with our defense of such claims. You will not settle any claim that affects the Indemnified Parties without our prior written approval.
This indemnification obligation will survive the termination of your account or these Terms. This means even after you stop using the Services or your account is deleted, you will still be responsible for any liabilities or damages arising from your use or misuse of the Services or violations of these Terms during the time you did use the Services.
The laws that govern these Terms and your use of the Services depend on your country of residence, and we aim to apply local consumer laws where applicable:
Residents of the European Economic Area (EEA), United Kingdom, Switzerland, or Other Jurisdictions with Mandatory Consumer Protections: If you reside in a country that affords you mandatory consumer rights under its local laws, nothing in these Terms will affect those rights. These Terms will be governed by the laws of your country of residence to the extent required to enforce those rights. Furthermore, you may bring legal proceedings in your local courts if required by applicable law.
Residents of the United States and Other Countries: If you reside in the United States (subject to the Arbitration clause below) or any country not mentioned above, these Terms and any dispute between you and Funtomika arising out of or relating to the Services or these Terms will be governed in all respects by the laws of your country of residence. You agree that, except as otherwise provided in Section 16 (Arbitration for US Residents), the courts of your country of residence (or state of residence, if you are in the United States) will have exclusive jurisdiction over any disputes arising out of or in connection with the Services or these Terms, unless applicable law requires otherwise. You and Funtomika consent to the exercise of personal jurisdiction by these courts.
Notwithstanding the above, Funtomika still retains the right to seek injunctive or other equitable relief in any court of competent jurisdiction in order to prevent irreparable harm (such as a violation of Funtomika’s intellectual property rights) until a formal resolution is reached.
The United Nations Convention on Contracts for the International Sale of Goods (CISG) does not apply to these Terms.
This Section 16 applies to you **only if you are a resident of the United States** or, in some cases, to disputes involving a U.S. resident. It describes how disputes will be resolved between you and Funtomika.
**Informal Resolution:** We hope that most concerns or disagreements can be resolved through our customer support team in a spirit of goodwill. Before filing any claim against Funtomika, you agree to try to resolve the dispute informally by contacting us and providing a brief, written description of your dispute and your contact information (including your account username, if applicable). We will attempt to resolve the dispute informally with you by contacting you through email or other means. If a dispute is not resolved within 30 days after submission, either you or Funtomika may proceed to formal legal action.
**Binding Arbitration:** If we cannot resolve a dispute informally, you and Funtomika agree to resolve any claim or controversy arising out of or relating to the Services or these Terms **by binding arbitration on an individual basis**. This means that you and Funtomika elect to have such dispute resolved by a neutral arbitrator rather than in a court by a judge or jury. **You and Funtomika agree that each party waives the right to a trial by jury** and that you **waive your right to participate in class actions**, either as a class representative or member, or as a private attorney-general or in any other representative capacity, to the maximum extent permitted by law. Arbitration is more informal than a lawsuit in court. It uses a neutral arbitrator instead of a judge or jury, and may allow for less discovery and less appellate review than in court.
**Scope:** This arbitration agreement is intended to be broadly interpreted. It includes, for example, disputes based on contract, tort, statute, fraud, misrepresentation, or any other legal theory; disputes about the interpretation, enforceability, or applicability of this arbitration clause; and disputes arising before these Terms or any prior version of Terms.
**Arbitration Procedure:** The arbitration will be administered by a reputable arbitration organization (such as the American Arbitration Association, "AAA") under its rules applicable to consumer disputes. The arbitrator will conduct hearings, if any, by teleconference or videoconference, rather than by personal appearances, unless the arbitrator determines that an in-person hearing is necessary. Any in-person appearances will take place in the county (or parish) of your billing address, unless you and Funtomika agree otherwise. The arbitration proceedings and arbitration award shall be confidential, except as may be required by law.
**Costs:** Each party is responsible for their own attorneys’ fees, but if the arbitration rules or applicable law provide for shifting of fees, or if the arbitrator finds that either the substance of your claim or the relief sought was frivolous or brought for an improper purpose, then the arbitrator will have authority to allocate the fees and costs of arbitration in accordance with such rules or law.
**Exceptions:** As an exception to this arbitration agreement, you and Funtomika both retain the right to seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction. In addition, as mentioned in Section 15, either party may seek equitable relief in court to prevent (temporarily or permanently) the actual or threatened infringement, misappropriation or violation of a party’s intellectual property or proprietary rights.
**Opt-Out Right:** **IF YOU DO NOT WISH TO BE BOUND BY THE ARBITRATION AND CLASS-ACTION WAIVER PROVISIONS IN THIS SECTION 16, YOU MUST NOTIFY US IN WRITING** within 30 days of first accepting these Terms (unless a longer period is required by applicable law). Your written notification must be mailed to us at the address provided in Section 18 (or, if no address is provided, emailed to our support contact) and must include: (1) your account name (if any), (2) your name and postal address, and (3) a clear statement that you do not wish to resolve disputes with Funtomika through arbitration. A notification sent by mail is effective on the date it is postmarked. If you opt out of arbitration, you and Funtomika each retain the right to resolve disputes in a court of competent jurisdiction, but you still waive the right to participate in any class action, as permitted by law.
**Severability of Arbitration Terms:** If any portion of this Section 16 is found to be unenforceable or unlawful for any reason, (1) the unenforceable provision shall be severed from these Terms; (2) severance of the unenforceable provision shall have no impact whatsoever on the remainder of this Section or the Parties’ obligation to submit any remaining disputes to arbitration on an individual basis; and (3) to the extent that any claims must therefore proceed on a class, collective, consolidated, or representative basis, such claims shall be litigated in the courts located in your state of residence (for U.S. residents), and the parties agree that litigation of those claims shall be stayed pending the outcome of any individual claims in arbitration.
Funtomika reserves the right to revise, update, or modify these Terms at any time. If we make material changes to the Terms, we will notify you by reasonable means, which may include posting the updated Terms on our website or within the applicable game, or by sending you an in-app notification or email (if we have your contact information). The "Effective Date" at the top of these Terms will indicate when the latest modifications were made. It is important that you review any updated Terms, as your continued use of the Services after the new Terms are in effect constitutes your acceptance of the changes.
If you do not agree to the updated Terms, you must stop using the Services. In cases where an update to the Terms requires a fresh acceptance (for example, where required by law or if the changes are significant), you may be prompted to read and accept the new Terms before you can continue to use the game or Service. If you decline to accept the new Terms, you may be unable to use the Services going forward.
Please check back periodically to ensure that you are aware of the current Terms. Any changes will not retroactively modify the dispute resolution provisions in Section 16 for any disputes of which we have actual notice on or before the date the change becomes effective; rather, those disputes will be governed by the Terms (including the arbitration clause) that were in place when the dispute arose.
If you have any questions, concerns, or feedback regarding these Terms or the Services, or if you need assistance with your account or an issue with a game, we encourage you to contact our customer support. We are here to help and will do our best to respond to your inquiry promptly.
You can reach Funtomika Support by visiting our official Contact Us page (https://funtomika.com/contact). On that page, you may find a contact form, email address, or other means to get in touch with us. Please provide as much detail as possible about your question or issue (for example, your account username, the game you’re referring to, and a description of the problem) so that we can assist you more efficiently.
Additionally, our website may contain a Frequently Asked Questions (FAQ) section or community forums that could address common inquiries about our games. We recommend checking those resources as well, as you might find quick answers or solutions shared by other players.
Official Communications: Any official notices or communications to Funtomika regarding this agreement should be sent via the contact methods provided on our Contact page. Likewise, any official communications from Funtomika to you will be delivered through the Services (such as in-app notifications), emailed to you (if you have provided an email and agreed to be contacted), or posted on an official Funtomika website.
Thank you for reading these Terms. We hope you enjoy our games, and we appreciate you being part of the Funtomika community. Your understanding of and adherence to these Terms helps us maintain a fun and safe environment for everyone. If you have any further questions or need clarification on any part of these Terms, please don’t hesitate to reach out via the Contact Us page linked above.