Table of contents
1. Acceptance of Terms
By downloading, installing, accessing, or using the Services, you agree to these Terms and our Privacy Policy, which is incorporated by reference. If you do not agree, do not use the Services.
If you are located in a jurisdiction granting consumers a right to cancel before download/use, you acknowledge that by downloading and/or accessing the Services you consent to immediate supply and waive any pre-use withdrawal rights to the extent permitted by law.
2. Changes to the Service and Terms
We may modify, update, or discontinue any part of the Services at any time. We may amend these Terms by posting an updated version with a new effective date. Material changes will be notified in-app and/or by other reasonable means. Your continued use after changes become effective constitutes acceptance of the updated Terms.
3. License and access
Subject to your compliance with these Terms, we grant you a personal, non-exclusive, non-transferable, non-sublicensable, revocable, limited license to access and use the Services for your individual, non-commercial entertainment purposes.
You must not sell, rent, lease, license, distribute, publicly perform, or otherwise use the Services or content except as expressly permitted. The Services may require Internet access; you are responsible for associated charges.
4. Accounts and security
- Registration: you may need an account. You agree to provide accurate information and keep it up to date. Certain social login options, if offered, may provide limited profile data as described in the Privacy Policy.
- Security: you are responsible for safeguarding your credentials and all activity on your account. Notify us promptly of any suspected breach at support@funtapx.com.
- Non-transferability: accounts are personal and must not be sold, traded, gifted, or otherwise transferred.
- Inactivity: we may deactivate accounts that are inactive for an extended period (e.g., 180 days) after notice where required by law.
5. Rules of conduct
You agree not to, and not to enable others to:
- Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software to modify or interfere with the Services.
- Reverse engineer, decompile, disassemble, or otherwise attempt to derive source code, except to the extent such activity is permitted by applicable law and then only after giving us prior written notice and opportunity to provide necessary interoperability information.
- Interfere with or disrupt servers or networks; attempt to gain unauthorized access to accounts, systems, or networks.
- Post or transmit unlawful, infringing, defamatory, obscene, hateful, harassing, or otherwise objectionable content or engage in illegal activities.
- Solicit or collect others’ personal information without consent; dox, bully, or harass users or staff.
- Use the Services for commercial purposes without our prior written consent, including advertising, solicitation, or running lotteries or gambling where prohibited.
- Breach any applicable laws or regulations.
6. User Generated Content
If the Services allow user-generated content (UGC), you retain ownership of your content. You grant HiBeatz a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to host, store, reproduce, adapt, modify, create derivative works, publish, publicly perform, publicly display, and distribute your content for operating, promoting, and improving the Services. This license lasts for as long as your content is protected by intellectual property rights.
You represent and warrant that you have all necessary rights to post content and that your content does not infringe or violate any third-party rights or laws. We may remove or disable content that violates these Terms or the law, and we may monitor or moderate UGC through automated or manual means, but we have no obligation to do so.
DMCA/notice-and-takedown: if you believe your work has been infringed, contact support@funtapx.com with: (a) your signature; (b) identification of the work; (c) identification of the infringing material and its location; (d) your contact information; (e) a good-faith statement; and (f) a statement under penalty of perjury that you are authorized to act.
User interactions: you are solely responsible for your interactions with other users and third parties through the Services. We reserve the right, but have no obligation, to monitor disputes. You agree that your use of public forums, chats, and similar features is at your own risk.
7. Purchases, subscriptions and virtual items
7.1 Purchases and subscriptions
Some features may require payment, including in-app purchases and auto-renewing subscriptions. By submitting a purchase, you authorize the applicable platform (e.g., Apple App Store, Google Play) or our payment processor to charge you. Subscriptions renew automatically unless canceled in your platform account settings before the end of the current period. Taxes may apply.
7.2 Free trials and changes
We may offer free trials subject to eligibility. We may change pricing and features upon reasonable advance notice as required by law. If you do not agree to new fees, cancel before they take effect.
7.3 Refunds
Except where required by law or platform terms, all purchases are final and non-refundable. For purchases made via platform stores, refunds are handled by the platform according to its policies.
7.4 Virtual items and currency
You may obtain a limited, revocable, non-transferable license to use virtual currency or virtual items solely within the Services. Virtual items have no cash value and are not redeemable for real-world money, goods, or other items of value. We may manage, modify, or discontinue virtual items at any time.
8. Intellectual property
The Services and all content therein (excluding your UGC) are owned by HiBeatz or our licensors and are protected by intellectual property laws. You may not use our trademarks, logos, or brand features without our prior written permission.
9. Third-party services and links
The Services may include third-party content, SDKs, or links. We do not control and are not responsible for third-party services. Your use is governed by their terms and policies.
10. Suspension and termination
We may suspend or terminate access (with or without notice as permitted by law) if you breach these Terms, pose risks to users, engage in fraud or illegal acts, or where required for maintenance or legal reasons. On termination, your license ends, and you must stop using the Services. You may terminate by ceasing use and, where applicable, deleting your account.
11. Disclaimers
TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND THOSE ARISING FROM COURSE OF DEALING OR USAGE. WE DO NOT GUARANTEE UNINTERRUPTED OR ERROR-FREE OPERATION, OR THAT DEFECTS WILL BE CORRECTED.
12. Limitation of liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER HIBEATZ NOR ITS AFFILIATES OR LICENSORS SHALL BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES. IN ALL EVENTS, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNTS YOU PAID TO HIBEATZ FOR THE SERVICES IN THE SIX (6) MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY. SOME JURISDICTIONS DO NOT ALLOW CERTAIN LIMITATIONS; IN SUCH CASES, WE LIMIT OUR LIABILITY TO THE MINIMUM EXTENT PERMITTED.
13. Indemnification
You agree to indemnify and hold harmless HiBeatz and its affiliates from any claims, damages, losses, liabilities, and expenses (including reasonable attorneys’ fees) arising from your use of the Services or violation of these Terms or applicable law.
14. Governing law and dispute resolution
These Terms are governed by the laws of Hong Kong, without regard to conflict of law rules. You agree to the exclusive jurisdiction of the courts in Hong Kong, unless mandatory law grants you the right to bring claims in your place of residence. Before filing, contact support@funtapx.com to seek informal resolution.
If you are in the United States, to the extent permitted by law, you agree any claim shall be brought in the state or federal courts located in San Francisco, California. If you reside in the EEA/UK, you may have rights to bring claims in your local courts.
Nothing here limits non-waivable consumer rights under applicable law.
15. Miscellaneous
- Assignment: we may assign or transfer these Terms; you may not assign without our prior written consent.
- Entire agreement: these Terms plus referenced policies are the entire agreement and supersede prior understandings.
- No waiver: failure to enforce is not a waiver; any waiver must be in writing.
- Severability: if any provision is unlawful or unenforceable, the remainder stays in effect.
- Notices: we may notify you via the Services, email, or platform messages. You can contact us at support@funtapx.com.
- Force Majeure: we are not liable for delays or failures due to causes beyond our reasonable control, including acts of God, war, terrorism, government action, labor disputes, outages, or system failures.
- No partnership/agency: nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and HiBeatz.
- Equitable remedies: you acknowledge that a breach of Sections relating to IP or unauthorized exploitation may cause irreparable harm, and we may seek injunctive or equitable relief without posting bond.
- Export controls: you must comply with applicable export control and sanctions laws; you represent you are not located in an embargoed country or on a prohibited list.
- App stores reference moved to Section 16 below.
- Survival: Sections relating to IP, fees, disclaimers, liability limits, indemnity, governing law, and miscellaneous survive termination.
16. Additional terms for app stores
If you obtained the Services via Apple App Store and/or Google Play, the following applies in addition to these Terms:
- These Terms are between you and HiBeatz only; Apple/Google are not parties and have no obligations to provide maintenance or support.
- In the event of any failure of the Services to conform to any applicable warranty, you may notify Apple/Google; Apple/Google may refund the purchase price for applicable digital items as per their terms, and, to the maximum extent permitted by law, Apple/Google will have no other warranty obligation whatsoever.
- Apple/Google are third-party beneficiaries of these Terms and may enforce them against you.
- Your use must comply with the App Store and Google Play terms, policies, and usage rules.
- You represent and warrant that you are not located in any embargoed country and are not on any prohibited party list.
17. Contact
Fun Tap X. Ltd — support@funtapx.com