Important Notice: These Terms are subject to a binding arbitration provision and waiver of class action rights, as detailed in Section 22 below. You agree that any claim or dispute at law or equity that has arisen or may arise pursuant to these Terms, or the access or use of the Services (as defined below), will be resolved in accordance with Section 22. Please read that section carefully, as it affects your legal rights and obligations.
Please read these Terms carefully. These Terms form a legally binding agreement between you ("you", "your", or "user") and Fuga ("Fuga", "we", "us", or "our"), governing your access to and use of all features, content, and services provided through Fuga.
This includes, but is not limited to, our applications ("App(s)"), collectively referred to as the "Services". The term "you" or "your" refers to the individual who accesses, uses, or engages with the Services.
By registering an account, utilizing any of the Services, or accessing the Services in any form, you acknowledge, understand, accept, and agree to adhere to these Terms, including any additional guidelines and future amendments, our Privacy Policy ("Privacy Policy"), and our Community Guidelines ("Community Guidelines").
If you disagree with these Terms or any related policies and guidelines, you should not register an account or interact with or use the Services in any manner.
We are firmly committed to protecting the privacy and safety of minors who may interact with our Services. The Services are intended only for individuals who have reached the legal age of consent ("Age of Consent"), which is the minimum age required by applicable laws in the country or region where the user resides. In most jurisdictions, this age is 18 years old.
Individuals under the Age of Consent may only use the Services with verified parental or guardian authorization. If you are under the Age of Consent, you are not permitted to create an account or provide any personal information through our Services unless explicit consent is obtained from your parent or legal guardian.
Our Services are designed for adults aged 18 and above. Users must confirm their age eligibility during registration. We reserve the right to suspend or terminate any account if we discover that the user has misrepresented their age or does not meet the minimum age requirement.
We do not knowingly collect, store, or process personal information from minors without verifiable parental consent. If such information is discovered, it will be removed promptly in accordance with this policy.
Parents and legal guardians play an important role in protecting minors online. We encourage them to actively monitor and guide their child’s use of internet services, including our platform.
If a parent or guardian believes that their child has provided us with personal data without consent, they should contact us immediately at service@phi-long.com so we can take appropriate action, including removing the child's data and closing the account.
If we become aware that we have inadvertently collected personal information from a user under the Age of Consent without verified parental permission, we will:
However, certain limited data may be retained where required by law, regulatory compliance, or for recordkeeping and fraud prevention.
We comply with all applicable laws and regulations regarding children's privacy and online protection, including but not limited to:
Our policies and internal procedures are periodically reviewed to ensure continued compliance with global child protection standards.
If you have concerns or believe that we may have unintentionally collected or processed information from a minor in violation of this policy, please contact us immediately at service@phi-long.com. We will investigate the matter thoroughly and respond promptly.
The Services are exclusively available to individuals who are at least eighteen (18) years old or older, and who possess the capacity to enter into legally binding agreements under applicable law (hereinafter referred to as the "Age of Consent"). Any registration for, use of, or access to the Services by individuals below the Age of Consent is strictly prohibited, unlicensed, and constitutes a breach of these Terms.
By accessing or using the Services, you hereby affirm and warrant that you: (a) are a natural person aged above the Age of Consent, and the email address along with other submitted details are personally yours; (b) will comply with these Terms and all applicable laws consistently; (c) are authorized to enter into a contract with Fuga that is legally binding; and (d) are located in a jurisdiction where using the Services is legally allowed.
Fuga retains the authority to terminate or suspend your account, remove any content or information you have posted, and deny your future use of the Services at any time without notice, should it suspect that you do not meet the Age of Consent in your jurisdiction, or that such Services are not permitted in your jurisdiction.
Compatibility of accessing and using the Services may vary across different devices, platforms, and operating systems. It is your responsibility to ensure that you acquire and maintain all necessary devices that are compatible with, and required for the access and use of our Services, as these requirements may change over time.
To access and utilize certain functionalities of the Services, registration and account creation with Fuga is necessary. The registration process requires you to furnish specific information including, but not limited to: (a) a unique username and password; (b) contact details such as your name, phone number, and email address; (c) payment and billing details; and (d) other information as indicated on the registration form.
You bear exclusive responsibility for maintaining the confidentiality of your account information. Disclosure of such information to others is discouraged. Upon accepting these Terms and registering an account, you agree to promptly inform us in case of any unauthorized use or suspicious activity in your account, as outlined in the "Contact Us" section. You are, however, accountable for all activities conducted through your account, irrespective of whether they are undertaken by you or a third party who may have obtained unauthorized access.
As the account holder, you alone are responsible for adherence to these Terms, and you are solely entitled to all benefits accrued. You must not permit others to (a) access, or (b) use the Services via your account, and (c) accept or employ ==Coins, other Digital Items through your account.==
Your account is personal to you and non-transferable.
We reserve the right to verify the registration information you provide, such as name, address, age, and payment methods, at any time by requesting specific documents. These documents typically include an identity card, a proof of address like a utility bill, and evidence of your payment method. If necessary, we may also require that these documents be notarized, which includes validation and attestation by a public notary. Should you fail to provide the requested documents, Fuga retains the right to terminate your account at its sole discretion and retain any funds or virtual items (including ==Virtual Items and Coins,== as defined below) therein.
You agree to promptly update your registration information or supply additional documentation as necessary for ongoing efforts against money laundering and to prevent illegal or fraudulent activities, or to comply with any additional policies or protocols we may implement. You affirm that all information and data provided to you at the time of registration or subsequently are truthful, accurate, and verifiable, and you consent to our sharing this information with third-party services for age verification and identity checks.
We reserve the right to conduct investigations into your account at any time, including performing background and credit checks, to ensure compliance with these Terms and fulfillment of our obligations and to ascertain that no illicit or unauthorized activities have occurred or are occurring. Should your account be deemed to have engaged in illegal, fraudulent, or improper activities, we reserve the right to terminate your account immediately without notice or liability.
Subject to your ongoing compliance with these Terms, Fuga provides you with a conditional, limited, non-commercial (except as specifically permitted by Fuga), non-exclusive, non-sublicensable, non-assignable, non-transferable, and revocable at will license that is valid globally to access and utilize the Service.
Please note that our Services may contain software components that are owned by or licensed from third parties, which may include components under open-source licenses. Usage of these components is exclusively governed by the specific terms of the respective open-source or other third-party licenses, irrespective of the stipulations made in these Terms. It is crucial to understand that these Terms do not intend to limit any rights under, nor confer rights that conflict with, any applicable open-source license or other third-party license associated with any software components.
All rights of title, ownership, and intellectual property, including but not limited to services, images, texts, graphics, illustrations, trademarks, brands, service marks, trade dress, copyrights, photographs, audios, videos, music, logos, designs, digital items (as defined below), and any derivations thereof, offered by Fuga and any other parties that provide services to Fuga, are owned by Fuga or their respective owners. As a user of the services, you are prohibited from using, copying, reproducing, publishing, or borrowing any of the aforesaid materials or trademarked works without explicit authorization from Fuga or the respective rights owner. Nothing in these Terms shall be construed to grant, either explicitly or implicitly, any license or right to use such intellectual property, and you shall not engage in selling, licensing, renting, modifying, distributing, copying, reproducing, transmitting, publicly displaying, publicly performing, publishing, adapting, editing, or creating derivative works from any materials or content available through the Services.
You may provide us with comments or suggestions regarding the Services, including but not limited to ideas for improving them ("Feedback"). You acknowledge that such Feedback is provided voluntarily and without solicitation, and does not create any fiduciary or other obligations for Fuga. By submitting Feedback, you affirm that: (a) you are entitled to disclose the Feedback; (b) the Feedback does not infringe upon any third party's rights; and (c) the Feedback does not contain any confidential or proprietary information of third parties.
Upon submission of any Feedback, you also: (a) agree that no confidentiality obligations, either express or implied, are assumed by us with respect to the Feedback; (b) recognize that similar ideas or concepts may already be under review or development; (c) grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide right and license to use, modify, develop derivative works from, publish, distribute, and sublicense the Feedback; and (d) permanently waive, and compel to waive, any claims and assertions of moral rights in such Feedback. The provisions regarding Feedback shall remain in effect even after any termination of your account or the Services.
Except as explicitly stated in this document, no rights or licenses, presumed or explicit, to any intellectual property are granted, and your use of the Services does not imply or confer the right to use them in conjunction with any other data or products.
Fuga is committed to addressing allegations of copyright infringement in line with various legal statutes such as the US Digital Millennium Copyright Act ("DMCA"), the E-Commerce Directive, and applicable laws in the EU and other regions. We maintain a strong commitment to respect the intellectual property rights of others and anticipate the same level of respect from our users.
Fuga provides you access to other user's content, includes various functionalities such as chat, forum postings, photo sharing, and other interactive and entertainment tools (collectively "Content"). Please be aware that the opinions expressed by users do not necessarily align with our values or views.
To utilize features that allow you to upload or transmit Content via the Services or to communicate with other users, compliance with the guidelines set forth in these Terms is mandatory. We reserve the right, at our sole discretion, to remove, edit, or refuse to transmit any Content to enforce these Terms, or for any other reason.
You are entirely responsible for your Content and the consequences of posting or publishing it. By submitting Content, you represent and warrant that: (a) you are the creator, or own, or legally control all rights to the Content, or possess adequate rights and authority to grant the rights herein; (b) your Content neither infringes, violates, nor misappropriates any third-party rights, including intellectual property or proprietary rights, nor does it (c) defame any individual, and (d) it does not contain any harmful or malicious code such as viruses, adware, or worms.
Content transmitted by you will be treated as non-confidential and non-proprietary by Fuga, and may be used according to these Terms without notification or liability to you. You waive any right to inspect or approve any related marketing or promotional materials, and you relinquish any claims to privacy, publicity, or related rights concerning your Content.
While Fuga implements reasonable security measures to protect Content from unauthorized copying and distribution, it cannot assure total immunity from such activities by third parties. By uploading Content, you acknowledge and accept that Fuga is not liable for any unauthorized copying, usage, or distribution of your Content by third parties and you release Fuga from any claims arising from such unauthorized actions. Our security measures are provided "as-is," without warranties that they will be invulnerable.
If you transmit or otherwise associate your Content with the Services, or link it through third-party applications connected to your Fuga account, you warrant that you possess all necessary rights to grant Fuga, its licensors, and partners a royalty-free, sublicensable, transferable, perpetual, irrevocable, non-exclusive, global license to employ, display, perform, modify, and utilize the Content. This includes the right to make derivative works and to use any associated personal identifiers contained in the Content across all forms of media in perpetuity, as stipulated here, even following the termination of your use of the Services.
You also acknowledge and consent that Fuga may collect, use, and share information regarding your usage of the Services as detailed in our ==Privacy Policy,== including certain device-specific information necessary for your use of the Services.
By accessing and using our Services, you recognize and accept our enforcement of content moderation protocols, which include both automated systems and manual review processes. Our Community Guidelines clearly prohibit the following types of content ("Prohibited Content"):
To fully engage with and benefit from our Services, such as by viewing Content, uploading, or transmitting materials, communicating with other users or broadcasters, you must comply with both these Terms and our Community Guidelines. Broadcasters are further required to follow our Broadcaster Terms.
Fuga reserves the right to employ automated, semi-automated, and manual methods to review Broadcast Content and other user-submitted Content. You acknowledge that while we strive for accuracy, we cannot guarantee the detection of all Prohibited Content. Therefore, no warranties are provided regarding the vetting of Broadcast Content or Content. We retain the unilateral right to remove, block, or refuse the sharing, uploading, broadcasting, displaying, or publishing of any content or information you provide in accordance with these Terms or for any other reason deemed necessary.
We encourage users to report any violations of these Terms or our policies through the designated reporting mechanisms available within our Services.
EU Users and Broadcasters Specific Terms
In compliance with European Regulation 2022/2065, known as the Digital Services Act (DSA), we employ various measures to mitigate the circulation of illegal and Prohibited Content on our Services.
We take our content moderation responsibilities seriously, ensuring that our staff is thoroughly guided and trained to handle your notices and complaints effectively. We have established escalation procedures to ensure issues are promptly and properly escalated to the relevant departments for further investigation and resolution, maintaining the integrity of our content moderation system. You acknowledge, however, that we do not assure the accuracy, completeness, or timeliness of our moderation activities.
Consequences of Violating Terms or Policies:
Content Removal: Should we determine your content contravenes our Terms or Policies, including the presence of Prohibited Content, it will be removed from our platform.
Restrictions: We may impose visibility restrictions on your content or account, which could include limited access to certain platform features or areas.
Account Suspension or Termination: Depending on the severity, we reserve the right to either suspend your account temporarily or terminate it outright. Suspensions are generally for less severe infractions, while terminations address more serious violations.
These measures aim to uphold the safety, integrity, and quality of our platform for all users.
Prohibited Content Reporting Mechanism: You acknowledge the provision of effective mechanisms (e.g., a report button, customer service email) for you and broadcasters to report any Prohibited Content within our Services. By reporting, you facilitate the timely identification of illegal material. All reports will be reviewed, and if necessary, actions including removal of content, warnings, or suspension/termination of accounts will be taken.
If it is determined that a user is spreading manifestly illegal content, including Prohibited Content, we reserve the right to suspend their access for a period deemed reasonable, factoring in prior posts, content nature, and other relevant circumstances.
You also concede that we will cooperate fully with law enforcement or court orders demanding the disclosure of identities or other information of individuals posting material on our Service. By accepting these terms, you release us from any liabilities associated with such disclosures.
Complaint Procedure: Regarding any decisions affecting you, your account, or content you upload, you may file a complaint within six (6) months of receiving our decision. Complaints can be submitted via the email associated with your account or provided at the decision notification, and must contain sufficient details to enable an investigation. Insufficient details may lead to complaint rejection.
All complaints will be processed non-discriminatorily, without arbitrary bias, and diligently. Complaint outcomes can potentially reverse previous decisions if proven that the material did not violate laws, third-party rights, or our Terms.
Misuse and Abuse: You agree not to misuse or abuse our reporting features or systems. Identified abuses may result in measures including account suspension or termination, particularly if complaints are baselessly repetitive, intended for harassment, or misuse occurs, like circumventing geographic restrictions.
Out-of-court Dispute Resolution: As a resident in the EU, you may select a certified DSA-compliant dispute resolution body to resolve disputes related to our decisions on your content or reports. Cooperation with your chosen body may be declined if the dispute has previously been resolved or if the body is approached after six (6) months from our decision without first utilizing our complaint mechanism.
Decisions by dispute resolution bodies are non-binding per the DSA.
You affirm and warrant that you are fully authorized to use the Service and agree to abide by the Terms set forth by Fuga. You commit to fully comply with all relevant laws, statutes, regulations, ordinances, and these Terms.
You agree not to engage in any fraudulent actions or attempts against Fuga or other users, nor will you act in bad faith in utilizing the Service. Should Fuga determine your actions constitute bad faith or violate these Terms or Fuga's Policies, including our Community Guidelines and Broadcaster Agreement, Fuga reserves the sole right to terminate your account and ban you from future use of the Services.
Further, you represent and agree not to:
Any violation of these conditions may result in immediate account termination and subject you to criminal and civil penalties under applicable laws.
We reserve the right to report any suspicious activities, including money laundering, to law enforcement and regulatory bodies. Fuga also retains the right to seek full damages and other legal remedies against you as permitted by law.
The Services may incorporate or be incorporated with software and other technology owned and managed by third parties. Such third-party software or technology integrated into the Services is governed by these Terms. Additionally, parts of the Service may contain software licensed from third parties, potentially including open source components and related elements (collectively "Third Party Software"), which are subject to the licensing terms set by the third-party licensors. No warranties are provided by us regarding the Third Party Software.
The Services may also contain links to or references to third-party websites or applications that provide products or services, such as games, applications, third-party merchant sites, images, promotions, or other events or actions, managed and maintained by other entities and not owned by Fuga ("Reference Sites"). These Terms are not applicable to Reference Sites. Users are advised to be conscious of when they visit or utilize any Reference Sites, and we recommend reviewing the terms and privacy policies of any Reference Sites accessed or utilized.
Fuga accepts no liability for Reference Sites. Your access to and use of Reference Sites, including the information, materials, products, and services provided on or through such sites, are entirely at your own risk. You hereby release Fuga from all liability associated with your use of any Reference Sites.
In the case of downloading the App from the Apple, Inc. ("Apple") App Store or using the Services on an iOS device, you acknowledge and agree to the following notice regarding Apple. The Terms and agreements herein are solely between you and Fuga, not with Apple, and Apple bears no responsibility for the Services or their content. Apple is under no obligation to provide any maintenance or support services concerning the Services. Should the Services fail to conform to any warranted standards, you may notify Apple, and Apple may refund the purchase price for the Services; beyond this, and to the extent permitted by applicable law, Apple is not obligated to fulfill any other warranty commitments. Apple is not responsible for addressing any claims by you or any third party concerning the Services or your possession and/or use of the Services, including: (a) product liability claims; (b) any assertion that the Services do not comply with any legal or regulatory requirements; and (c) claims arising under consumer protection or similar legislation. Furthermore, Apple is not liable for investigating, defending, settling, or discharging any third-party claim regarding intellectual property rights infringement by the Services and/or your usage of the Apps. You also agree to adhere to any applicable third-party terms when using the Services. Apple and its subsidiaries are deemed third-party beneficiaries of these Terms, and upon your acceptance, Apple will have the right (and will be considered to have accepted the right) to enforce these Terms against you as a third-party beneficiary thereof. Additionally, you represent and warrant that (a) you are not located in a country subject to a U.S. Government embargo, or designated by the U.S. Government as a "terrorist-supporting" country and (b) you are not listed on any U.S. Government list of prohibited or restricted parties.
11.1.1. Operational Costs
1. Server costs: We need to establish and maintain our servers for processing and storing user data. These servers must run continuously to ensure service availability and responsiveness.
2. Bandwidth expenses: Data transmission, especially with high volumes of audio and video communications, consumes significant bandwidth. This cost increases with the rise in the number of users and their usage.
3. Maintenance and upgrade fees: Regular maintenance and updates are necessary for servers and related network infrastructure to address software enhancements, security vulnerabilities, and hardware degradation, thus ensuring service usability.
4. Data center operational costs: Data centers require consistent power and cooling, typically including provisions for backup power and security measures.
5. Labor costs: Monitoring system risks, resolving user issues, and maintaining network and server stability involves technical and customer service personnel, whose salaries are a significant part of operational expenses.
6. Security expenditures: In compliance with data protection regulations, resources must be allocated for security efforts. Investing in encryption and safety of user data and communications is also financially demanding.
11.1.2 Ensuring User Experience
At Fuga, a variety of products and services are available for purchase. Products and services may be purchased through iTunes, Google Play, or other Fuga-approved platforms ("External Service"). Transactions made via these platforms are referred to as "External Service Purchases." Alternatively, purchases may also be made directly on our Website or App using a credit card or other accepted payment methods ("Internal Purchases"). Subscription services are subject to automatic renewal under the terms initially agreed upon at the time of purchase until such subscriptions are canceled by the subscriber. Subscribers maintain access to the benefits of the subscription until the end of the current billing cycle, following which these benefits will cease.
Cancellation of a subscription does not imply the removal of a user's profile from our Services. For complete deactivation of an account, please refer to the procedure described in Section 14.
Given Fuga's global operations, the pricing of subscriptions may vary depending on factors such as location, subscription length, promotional offers, and user activity, among others. Unless canceled in a timely manner, subscriptions will automatically renew at the full price listed at the time of purchase, and you authorize Fuga to charge the renewal fees to your designated payment method.
Fuga reserves the right, as permitted by law, to limit, modify, or discontinue any product, feature, service, or promotional offering at any time without prior notice, to impose conditions on accepting promotions, to restrict transactions, and to refuse any product, service, or offering to any user.
VIP subscriptions and other purchases facilitated through External Services must be managed via the respective External Service Accounts. These subscriptions will automatically renew until they are canceled.
Any purchases made via the Service that are billed through External Services, such as an Apple ID or Google Play account, will incur charges according to the terms provided at the time of purchase and the terms governing the External Service Account. Sales tax may be applicable depending on your location and can vary.
Subscriptions that are set to auto-renew will continue to incur charges at the intervals agreed upon until such subscriptions are canceled. After the initial period of subscription, and any subsequent terms, subscriptions will renew at the rate and duration agreed upon. Following the expiration of any promotional rates, standard rates will apply as previously specified.
Cancellation Policy: To discontinue auto-renewal or to modify or terminate your subscription, please access your External Service Account settings and adhere to the cancellation instructions provided therein. These actions must be taken even if our service account is deleted or the App is uninstalled. For subscriptions linked with an Apple ID, they can be managed through Apple Support. Subscriptions through Google Play can be managed via Google Play Support. Canceled subscriptions will remain active until the end of the current billing period and will not renew thereafter.
Chargebacks or payment reversals initiated from your External Service Account may result in immediate termination of your account at the discretion of Fuga, should you opt out of the subscription. If your reversal is disputed and you wish to continue the service, please contact Customer Care. Charges will continue to accrue until the subscription is canceled through your External Service Account. Refunds may be available for certain users as outlined in Section 8d.
For additional clarification or inquiries, please refer to the Customer Service contact information as detailed in this agreement.
All purchases made through our Website or App, including VIP subscriptions, will be billed to the payment method you have provided. Your subscription will automatically renew and continue until it is cancelled by you.
By initiating a purchase internally, you agree to pay the advertised price for the specified services, which may include applicable sales taxes and similar levies; prices are subject to change. You authorize Fuga to charge the payment method provided. Fuga reserves the right to rectify any billing errors, even after payment has been processed. Furthermore, chargebacks or payment reversals may lead to the termination of your account at Fuga's discretion, indicating a potential disinterest in continuing your Fuga subscription. In the event of a reversed chargeback, contact Customer Care directly.
Your subscription will automatically renew at the end of each subscription period and will continue to bill your payment method periodically until the subscription is cancelled. After the initial period and any subsequent subscription periods, renewal will proceed automatically at the agreed price and duration unless you cancel.
To cancel your subscription, please adjust your settings in the External Service Account and adhere to the specific cancellation instructions provided. This is required regardless of whether you delete your service account or uninstall the App. For subscribers using an Apple ID, manage your subscription via Apple Support. For Google Play subscriptions, adjustments can be made through Google Play Support. Cancellation will take effect at the end of the current subscription period, and the service will not be renewed thereafter.
In jurisdictions where credit card payments are accepted, you consent to us updating or replacing your credit/debit card details as necessary through your card issuer. The terms of payment are governed by the agreements with your payment method provider and relevant bank or credit card provider.
Coins and other in-application purchases are irrevocable and governed by the terms of this Agreement.
From time to time, we may offer you the opportunity to acquire a limited, personal, non-transferable, non-sublicensable, and revocable license to utilize special functionalities such as in-app Coins for specific features including Gender Filter, Country Filter, or Gifts. Such acquisitions must be conducted solely through our Services or via designated authorized partners.
Ownership of any In-App Items shall remain with Fuga; you are granted solely a right to use these items as detailed in this Agreement. This Agreement does not constitute a sale of any rights in In-App Items. Any representation of In-App Item balances within your account reflects the scope of your license and should not be interpreted as real-world currency or value.
In-App Items may expire and will become invalid if our Services are terminated, or if your account is closed for any reason. Fuga retains the authority to impose charges for access to In-App Items, to alter them, or to provide them at no cost, and shall not be liable for these actions. The resale or transfer of In-App Items is explicitly forbidden and can only be redeemed through our Services.
All transactions involving In-App Items through our Services are final and non-refundable. By making a purchase, you acknowledge that Fuga is under no obligation to provide a refund under any circumstances, and you will not receive compensation for any unused In-App Items, irrespective of the reason for account closure.
Upon the acquisition of any Premium Service, or any paid Content or item, you are obtaining digital content provided directly by us. By completing the purchase, you explicitly consent to the immediate initiation of the Service or to the instant delivery of the Content or item. Consequently, you forfeit your right to withdraw from the purchase and to seek a refund based on your statutory consumer rights. The refund conditions specified below apply solely to transactions conducted without your consent to the immediate provision of the service or content.
Pursuant to the refund policies of the Application Store, you may qualify for a full refund on any Premium Service, or any paid Content or item, except where the user has been barred from use by us and/or its community, or where the purchases have been utilized in part.
Refund requests for any Premium Service, paid Content, or item acquired outside of the Application Store must be made within a 14-day period from the transaction date, subject to limitations imposed by the payment channels and/or platforms used. No refunds shall be issued in full for any purchases that have been partially used. A successful refund request will result in a credit to the original method of payment used during the transaction.
From time to time, we may offer limited-time promotions, contests, and special offers ("Promotion"). Please review the official rules associated with such Promotions and any other terms and conditions that apply to such Promotions. They will apply in addition to these Terms.
Fuga reserves the right, at its discretion and without prior notice, to discontinue the Services, either in whole or in part, or to impose limitations on the use of the Services for you or for all users. Furthermore, Fuga retains the authority to introduce new features or functionalities, as well as to alter or provide fixes, updates, and upgrades to the Services, without any obligation to notify you.
Fuga is under no obligation to offer you any subsequent versions, additional features or functionalities or any modifications, updates, support, or maintenance related to the Services. Should you wish to download, install, or use any future versions or additional features or functionalities or receive any modifications or updates, you may be required to accept revised terms as part of the process.
You acknowledge that Fuga may, from time to time, automatically apply updates or upgrades, or add new functionalities and features to the Services, which may alter or enhance the version of the Services currently installed on your Device. By using the Services, you consent to your Device automatically requesting and receiving such updates, upgrades, or modifications.
Due to the inherent limitations of storage capacity, we meticulously avoid overburdening our servers. It is thus acknowledged and agreed that Fuga is not obligated to maintain, provide access to, or return any Content, and shall bear no liability for the modification, loss, deletion, or destruction of any Content, including content previously stored. Furthermore, it is understood and agreed that Fuga reserves the right to periodically remove Content from its storage systems at its sole discretion, without prior notice to you.
You may cease usage of the Services at any point by uninstalling and removing the Services from all devices in your possession. Should you be subscribed to any premium services, you acknowledge your sole responsibility for directly cancelling any ongoing financial commitments with the respective Store and/or payment processor linked to the premium services. Prior to removing the Services from your device, you may opt to delete your account. Upon doing so, Fuga will eliminate all of your contents and account details. Notwithstanding, Fuga reserves the right to retain any of your data as may be required to comply with applicable legal or regulatory obligations.
Fuga reserves the unilateral right to restrict, suspend, terminate, amend, or delete accounts, or access to and use of the Services and related functionalities, without any duty to provide compensation for any losses incurred. Fuga may, at its discretion and without limiting other remedies, remove, block, or suspend any content you post on the Service, and alter, restrict, suspend, discontinue, or terminate any of the Terms, access to, or use of the Services, in whole or in part, immediately and automatically, with or without notice, without judicial or administrative recourse, for any or no specific reason, particularly if Fuga has grounds to believe that you are:
You acknowledge that Fuga is not obligated to maintain the provision of the Services, encompassing without limitation any premium services, and that neither Fuga nor any third party will bear liability to you or any other entity for any adjustments, restrictions, discontinuations, terminations, or modifications of the Services.
You agree to indemnify, defend, and hold Fuga, its licensors, agents, partners, and their respective affiliates, officers, directors, employees, contractors, and suppliers (together referred to as the "Fuga Parties") harmless from any and all claims, liabilities, damages, losses, costs, and expenses, including reasonable legal fees, that arise from or relate to your use of or access to the Services. This includes but is not limited to responsibilities incurred by the Fuga Parties in connection with or resulting from (a) your breach of these Terms or any applicable law, rule, or regulation, whether or not specifically mentioned here; (b) infringement of third-party rights; (c) misuse of the Services; (d) any of your content or other communications transmitted through the Services; (e) claims stemming from user submissions or content you submit through your account; (f) unauthorized use of the Services via your credentials; (g) any taxes associated with your purchases or use of the Services, excluding taxes on Fuga's income; (h) any other claim brought by a third party related to your use of the Services.
Fuga reserves the right to take over the exclusive defense and control of any matter for which you are required to indemnify the Fuga Parties, and you agree to cooperate with Fuga's defense of these claims. Fuga will endeavor to notify you promptly of any such claims.
By accessing, using, or downloading the Service, you acknowledge and agree that your use of the Service, including all features and content provided therein, is at your sole risk. The Service is offered on an "as is" and "as available" basis. Fuga explicitly disclaims all warranties, conditions, or other terms of any kind, whether express or implied, related to the Service and your use thereof. This includes, but is not limited to, implied warranties of merchantability, title, quiet enjoyment, fitness for a particular purpose, or non-infringement, as well as warranties concerning the usefulness, authority, accuracy, completeness, and timeliness of the Service.
Fuga also makes no warranties or representations that the Services, including any linked sites, will be continuous, current, complete, or error-free, nor that defects will be corrected. Fuga Parties assumes no liability for any errors, omissions, deletions, defects, or service failures, nor for:
You agree and acknowledge that you are using the Services at your discretion and risk and that you alone are responsible for any resultant damages, including but not limited to data loss, loss of digital assets, or harm to your property, e.g., devices and computer systems. You also understand and agree that you are solely liable for any losses incurred during the use of the Services or any associated features and services.
When you access or use the Service, you also agree that Fuga is not liable for any damage, loss, or injury resulting from unauthorized access or use, such as hacking or tampering. Any unauthorized access attempts, interference with Service operations, or intentional damages to the Service may lead to civil and/or criminal action, immediate termination of your participation, and forfeiture of any Digital Items. Any fraudulent activity, including methods of automated or deceitful access, will also lead to prosecution, participation termination, and forfeiture of Digital Items. You hereby waive any claims or demands against the company for any losses related to the use of the Services and any associated services and features.
Subject to the maximum limits allowed by relevant law, the Fuga Parties will not be liable for any of the following in connection with the Services: (a) any form of damage, whether special, direct, indirect, incidental, punitive, exemplary, or consequential, including but not limited to loss of profits, data, goodwill, coverage of legal, expert, or substitute service fees, and lost opportunities or other related costs, resulting from reliance on or use of the Services; or (b) actions taken by third parties, including behaviors of other users or operators of external websites.
You agree to absolve, release, defend, indemnify, and hold harmless Fuga, along with its affiliates, subsidiaries, directors, officers, agents, contractors, partners, and employees from any claims, liabilities, demands, damages, costs, and expenses, including reasonable legal fees, which may arise from:
In any event, the total cumulative liability of the Fuga Parties will not exceed the amount you have paid to Fuga for any products or services on any of the Services during the six (6) months preceding the claim. These limitations will persist even if the aforementioned remedy fails its essential purpose. Geographical legal variations might require adjustments to these limitations; if so, the liability of the Fuga Parties will be constrained to the fullest extent permissible under those laws.
You and Fuga agree that any legal claims or causes of action related to the Services must be filed within one (1) year after such claim or cause of action arises. Failure to file within this timeframe will result in a permanent bar on the claim.
The Services must be operated, exported, or re-exported in strict accordance with all applicable national and international laws, including but not limited to the export regulations of the United States and the jurisdiction in which the Services were obtained. Specifically, the Services are governed by the U.S. Export Administration Regulations (EAR), and any diversion contrary to U.S. law is strictly prohibited. Without prior acquisition of an appropriate export license or governmental approval as required by the U.S. Government or any of its agencies at the time of export, you are prohibited from exporting, either directly or indirectly, the Services, any technical data licensed under this agreement, or any direct products thereof to any country, individual, or entity.
You are also obligated to adhere to all applicable economic sanctions laws, including those enforced by the U.S. Department of the Treasury, Office of Foreign Assets Control (OFAC). The Services and any associated technical information or materials may not be used, exported, or transferred, either directly or indirectly, except as permitted under these sanctions laws. These laws generally restrict or prohibit transactions involving specific countries or regions such as Crimea, the self-declared Donetsk People's Republic, Luhansk People's Republic, Cuba, Iran, North Korea, and Syria. These prohibitions also extend to any individuals or entities originating from, located in, habitually residing in, or affiliated with the governments of the aforementioned countries or regions; individuals or entities that are listed by OFAC, such as those on the Specially Designated Nationals and Blocked Persons (SDN) List; nationals of Cuba; and the Government of Venezuela. Service access is only permissible in compliance with these regulations.
Access to or use of the Services by individuals who are from, located in, or ordinarily resident in jurisdictions subject to U.S. sanctions, associated with or acting on behalf of the governments of these jurisdictions, identified as SDNs or other denied or blocked parties under U.S. regulations, or otherwise subject to sanctions, is strictly prohibited without appropriate governmental licenses, authorizations, or approvals. Fuga reserves the right to deny service or terminate relationships with any individual who fails to comply with these legal obligations.
All Services and associated technical data have been developed using exclusively private funds and are commercial in character. The software and accompanying documentation are designated as "commercial computer software" and "commercial computer software documentation", respectively, under the Defense Federal Acquisition Regulation (DFAR) Section 227.7202 and Federal Acquisition Regulation (FAR) Section 12.212(b), as applicable. The use, modification, reproduction, release, performance, display, or disclosure of the software and documentation by any entity of the U.S. Government shall conform strictly to the Terms specified herein and is otherwise restricted except as explicitly permitted under these Terms. Any technical data provided that does not fall within these stipulations shall be considered "technical data-commercial items" in accordance with DFAR Section 227.7015(a). The handling, including use, modification, reproduction, release, performance, display, or disclosure, of such technical data shall be subject to the provisions outlined in DFAR Section 227.7015(b).
These Terms and any disputes relating to the use of our services shall be governed by and construed under the following laws:
Please read this section carefully it has significant implications for your legal rights, including your right to file a lawsuit in court.
By agreeing to these Terms, you acknowledge that any legal claims or disputes you may have against Fuga, whether grounded in law or equity that arise now or in the future in connection to these Terms or your engagement with the Services, shall be resolved according to the stipulations of this Section 22.
You and Fuga are required to engage in informal negotiations for sixty (60) days starting from the date the dispute notice is issued. This notice must include evidence of your relationship with Fuga, details and the legal grounds of the dispute, and a specific monetary claim if such is sought by either party. Both parties commit to their utmost effort to resolve any disputes, claims, or disagreements within this timeframe. Any statutory limitations periods will be suspended during this 60-day informal resolution period. Initiating claims prior to the conclusion of this period without following this prescribed negotiation process may result in penalties, such as the awarding of fees in subsequent arbitration. If the dispute remains unresolved after this period, it is agreed that any and all disputes arising out of or in connection with these Terms or your use of the Services will be resolved exclusively through final and binding arbitration.
Any disputes, claims, or controversies stemming from any of these Terms, including this section, or their creation, applicability, interpretation, violation, discontinuation, legality, or enforceability, shall be addressed through arbitration. This arbitration will be conducted by a sole arbitrator, overseen by the International Chamber of Commerce (ICC), and managed according to the ICC Arbitration Rules prevailing at the commencement of arbitration, subject to any modifications outlined here. The place of arbitration will be New York, United States of America, with proceedings conducted in English. You agree to maintain the confidentiality of the arbitration proceedings, including any provided information, submissions, orders, or awards ("Confidential Information"), and not to disclose or consent to the publication of such Confidential Information.
Additionally, you agree that neither you nor Fuga will consolidate claims with those of any other party in arbitration; claims will not be resolved on a class-wide basis; and no claims will be brought in a representative capacity on behalf of others. Nonetheless, Fuga retains the right to seek injunctive relief (or an equivalent form of urgent legal intervention) in any jurisdiction. You agree not to initiate or pursue any legal action against any Fuga Party, except through filing an arbitration claim as per the stipulations of this section. By consenting to these Terms, you waive your right to seek legal remedies in court and to a trial by jury. Should this arbitration agreement be found inapplicable to any claim, such claim shall be adjudicated before a competent court by a judge in a non-jury trial.
30-Day Right to Opt-Out: You have the right to opt out of the arbitration agreement by sending a written notice within 30 days from your first use of the Services or the introduction of a materially revised arbitration clause, to the email specified in Section 23. Absent opting out, you are bound to resolve disputes through arbitration as outlined in this section. If you opt out after a new clause is introduced, the previous clause remains in effect to govern disputes. Should you opt out of arbitration, Fuga will similarly not be bound by arbitration in disputes with you.
Modifications: Fuga retains the authority to modify any of the Terms at any time by posting updated Terms, Community Guidelines, Privacy Policy, Copyright Policy on the Fuga website, or through other notification methods as described above. These modifications will become effective after the notice period has expired, unless they are expressly accepted sooner by clicking an acceptance button. Express acceptance, or continuing to use the Services after the notice period, will signify your agreement to the revised Terms.
Entire Agreement: The Terms, consisting of the Terms, Community Guidelines, Privacy Policy and Copyright Policy, constitute the entire agreement between you and Fuga. Amendments must be made in the manner expressly provided in this document. If any term here is found unenforceable, it will be modified to the extent necessary to enable enforceability without affecting the validity of the remaining terms.
Continuation after Termination: Provisions within these Terms that by their nature should survive the termination of your account will continue to remain in effect post-termination.
Assignment: You may not assign the Terms or any of your rights or obligations under them. Any attempted assignment contrary to this provision will be null and void. Fuga may assign or transfer any of the Terms and respective rights to any third party at its sole discretion without notification.
Waiver: No failure or delay by any Fuga Party in exercising any right or provision of the Terms will act as a waiver of such right or provision. Any waiver of any provision of the Terms will only be effective if it is in writing and signed by Fuga.
Headings: The headings used herein are provided for convenience only, do not form part of the Terms, and shall not influence the interpretation of said Terms.
Equitable Relief: You acknowledge that your obligations to Fuga are uniquely valuable, and breach of these obligations may cause Fuga irreparable harm that monetary damages alone cannot remedy. Therefore, Fuga will be entitled to enforce injunctive relief or other equitable remedies without the requirement to post any bond or security in the case of any actual or anticipated breach by you. You irrevocably waive any right to seek these forms of relief.
Third-Party Beneficiaries: Should you download the App via the Apple App Store, acknowledge that Apple, and Apple's subsidiaries, are third-party beneficiaries of these Terms. Upon your acceptance of the Terms, Apple will obtain the right to enforce these Terms against you as a third-party beneficiary. You must comply with all applicable third-party terms, including those of any Application Store, as a condition of using the Services.
No Partnership or Agency: These Terms do not create any form of partnership, agency, or joint venture.
Severability: Should any provision of the Terms be deemed invalid, void, or unenforceable for any reason, such provision shall be severable and shall not impact the validity or enforceability of the remaining provisions.
If you have any questions about These Terms or the Services, please contact us at: service@phi-long.com