General Terms of Use

These are the general site terms, relevant when browsing Fungies.io. For terms relating to creating and managing an account, please see the Seller Terms of Use or SaaS terms.

Effective starting Jan 11, 2023

This website (Site) is operated by Fungies Inc. , 2100 Geng Road, Suite 210, Palo Alto, California, 94303, EIN: 92-0927516 and its subsidiaries including Fungies Europe PSA, AL. ALEJE JEROZOLIMSKIE 109 / 70, 02-011, Warsaw, Poland, KRS: 0001137340 (we, our or us). It is available at: https://fungies.io and may be available through other addresses or channels.

1. About These Terms

These Buyer Terms are a contract between you, the person or business purchasing a product, service, subscription, licence, credit pack, add-on, or other digital offering through a Fungies checkout (a Buyer, you, or your) and the relevant Fungies entity identified on the checkout page, transaction confirmation, receipt, or invoice (Fungies, we, us, or our).

Fungies Inc. is a Delaware corporation. Fungies may use an affiliated entity, including Fungies Europe PSA, where shown at checkout or on your receipt. The entity shown on your receipt is the entity that acts as Merchant of Record for that Transaction.

These Terms govern the payment and transaction relationship between you and Fungies. They apply each time you complete a Transaction using a Fungies checkout, receive an invoice from Fungies, start or renew a Subscription, or otherwise pay for a Product through our payment services.

The third-party developer, creator, publisher, studio, or software provider identified on the Product page or checkout is the Seller. The Seller develops, owns, hosts, operates, licenses, supports, or makes available the app, software, game, digital product, or service you purchase (the Product). The Seller’s own end-user licence agreement, terms of service, privacy notice, community guidelines, and product documentation may also apply to your use of the Product (together, the Seller Terms).

If these Buyer Terms conflict with mandatory consumer-protection law, that law prevails. Nothing in these Buyer Terms limits rights that cannot lawfully be excluded.

2. Our Merchant of Record Role; Seller’s Product Role

For a Transaction completed through Fungies, Fungies acts as the Merchant of Record. This means we process and collect payment for the Transaction in our name, issue or make available your payment confirmation and, where applicable, invoice or receipt, administer billing and subscription payments, calculate or collect applicable transaction taxes where required, and manage payment-related refunds, chargebacks, fraud reviews, and payment disputes.

The Seller remains responsible for the Product itself. Except where mandatory law says otherwise, the Seller is responsible for the Product description, features, functionality, compatibility, security, availability, maintenance, updates, product roadmap, account access, licence keys, activation, content, delivery, fulfilment, warranties it gives, and technical support. The Seller is also responsible for ensuring it has the rights to offer the Product and that the Product complies with applicable law.

Where to get help: Contact the Seller first for any app, software, technical, login, installation, compatibility, account-feature, content, delivery, or service-quality issue. Contact Fungies through the support route shown on your receipt or at [e-mail] for payment, receipt, invoice, tax, subscription cancellation, renewal, refund request, unrecognised charge, or checkout issue.

Fungies may work with the Seller to investigate a product-related issue. Doing so does not make Fungies the developer, operator, technical-support provider, or guarantor of the Product.

3. Eligibility and Your Account

You must be at least the age of legal capacity in your place of residence to complete a Transaction. If you are purchasing for a business or another person, you confirm that you have authority to accept these Buyer Terms for that business or person.

You must provide complete, accurate, and current information during checkout and keep your account and payment information up to date. You are responsible for protecting your account credentials and for activity completed using your account, unless caused by our failure to use reasonable security measures.

You may not use a Fungies checkout for unlawful, fraudulent, abusive, deceptive, infringing, or unauthorised activity. We may decline, cancel, suspend, or investigate a Transaction where we reasonably believe it presents fraud, compliance, security, consumer-harm, sanctions, or legal risk.

4. Product Information and Seller Terms

The Seller provides the Product information, including Product description, technical requirements, supported platforms, price, licence scope, subscription benefits, usage limits, and delivery terms. Before buying, you should review the Product page and Seller Terms carefully.

The Product may require you to create a Seller account, accept the Seller Terms, provide information directly to the Seller, or use third-party services. Your use of the Product is governed by the Seller Terms and any applicable third-party terms. Fungies is not responsible for a Seller’s separate website, app, hosting environment, account system, content, privacy practices, or third-party integrations.

Where a Product is software, digital content, online functionality, or a subscription service, the Seller may change, update, discontinue, or remove Product features in accordance with the Seller Terms. Your rights in the Product are those granted by the Seller, not by Fungies, unless we expressly state otherwise at checkout.

5. Transactions, Prices, Taxes, and Payment

When you submit an order, you authorise Fungies to charge the payment method you provide for the total amount shown at checkout, including the Product price, applicable taxes, and any clearly disclosed fees or discounts (the Charges). We may use payment processors, acquiring banks, fraud-prevention providers, tax providers, and other service providers to process Transactions.

All prices and currencies shown at checkout apply to that Transaction. Currency conversion, bank, card issuer, or payment-method fees may be charged separately by your bank or payment provider. We are not responsible for charges imposed by your bank or payment provider that are outside our control.

We may collect, calculate, remit, or facilitate transaction taxes, including VAT, GST, sales tax, or similar taxes, where required by law or our transaction model. You remain responsible for any taxes that are not included in the Charges and that you are legally required to pay.

A Transaction is complete only when payment is authorised and we issue a confirmation. We may decline or cancel an order before confirmation where payment cannot be authorised, pricing information contains an obvious error, the Seller cannot make the Product available, or we reasonably identify fraud, legal, sanctions, security, or compliance risk. If we cancel after we have collected payment, we will refund the amount we collected, subject to applicable law and any lawful deduction or set-off.

6. Subscriptions, Trials, Renewals, and Price Changes

If you purchase a subscription, you authorise Fungies to charge your payment method automatically for recurring Charges at the billing interval shown at checkout until you cancel. The initial billing date, price, billing interval, trial period, and renewal terms will be shown at checkout or in your transaction confirmation.

If a free or discounted trial converts to a paid Subscription, you authorise us to charge the stated recurring price when the trial ends unless you cancel before that date. We may send notices where required by law. The Seller or Fungies may change future subscription pricing only with advance notice required by applicable law. If law requires your consent to a material increase, we will obtain it before charging the increased amount.

You may cancel a Subscription at any time through the cancellation route in your receipt, account billing page, or the support route provided at checkout. Unless mandatory law requires an earlier effective date, cancellation takes effect at the end of the current paid billing period. Cancellation prevents future renewal charges; it does not automatically create a refund for a completed billing period.

If a recurring payment fails, we may make reasonable further attempts to collect the amount due using the payment method you authorised, where permitted by law. If payment remains unsuccessful, we may suspend or cancel the Subscription and the Seller may suspend Product access.

7. Refunds, Cancellations, and Withdrawal Rights

Our Refund Policy forms part of these Buyer Terms. It explains how to request a refund, when we may issue a discretionary refund, and how statutory cancellation or withdrawal rights apply to digital products, software, and subscriptions.

You should contact the Seller first for a technical or Product issue. If the Seller cannot resolve the issue, you may submit a refund request to Fungies through the support route in your receipt or at [e-mail]. Fungies will assess payment-related requests and, where appropriate, consult the Seller. We will not refuse a refund where applicable law requires one.

Where you are a consumer in the EU, EEA, UK, or another jurisdiction with a statutory withdrawal right, you may have a period in which to withdraw from the Transaction. For digital content or services supplied immediately, you may lose that right only where you gave the express consent and acknowledgement required by applicable law before access, download, streaming, activation, or use began.

If we issue a refund, Product access, licence rights, credits, or subscription access related to the refunded Transaction may end. Refunds are normally returned to the original payment method where possible. See the Refund Policy for further detail.

8. Chargebacks and Unrecognised Charges

If you do not recognise a Charge, please contact Fungies promptly before filing a chargeback with your bank or payment provider. We can often identify the Transaction, correct a billing error, cancel a Subscription, or resolve a payment issue more quickly through support.

Nothing in these Buyer Terms limits your right to dispute a charge under applicable law, card-scheme rules, or your payment-provider agreement. If you initiate a chargeback or payment reversal, the Seller may suspend Product access while the matter is reviewed. We may provide payment and delivery/access evidence to the relevant payment provider to respond to the dispute.

Fraudulent or abusive chargebacks, including a claim that a Product was not received when access was used or delivered, may result in suspension of Product access, account restrictions, or other lawful action.

9. Acceptable Use and Intellectual Property

You may use a Fungies checkout and related buyer services only for lawful purposes and in accordance with these Buyer Terms. You may not interfere with checkout, attempt to circumvent payment controls, use another person’s payment method without permission, submit false information, or use the services to violate another person’s rights.

Fungies owns or licenses its checkout, payment, branding, and support materials. The Seller owns or licenses the Product and Seller materials. Except for rights expressly granted by the Seller under the Seller Terms, no intellectual-property rights are transferred to you.

If you believe a Product or material available through a Fungies checkout infringes your intellectual-property rights, contact [e-mail] with the Product name, Seller name, URL, a description of the alleged infringement, and evidence supporting your claim. We may forward the notice to the Seller and take action consistent with law and our policies.

10. Suspension, Cancellation, and Availability

We may suspend, decline, cancel, or reverse a Transaction; restrict a payment method; or suspend access to our buyer services where reasonably necessary to comply with law, card-network or processor rules, a court order, sanctions obligation, fraud-prevention need, security concern, or investigation. Where appropriate and lawful, we will provide notice.

The Seller may separately suspend or terminate your Product access under the Seller Terms. If a Seller withdraws a Product, loses the right to offer it, or cannot provide it, we may cancel future renewals and assess your refund rights under the Refund Policy and applicable law.

We do not guarantee that any Product, Seller, payment method, checkout, or buyer-support channel will always be available or error-free. This does not limit any statutory remedy you may have.

11. Disclaimers and Limits of Liability

To the maximum extent permitted by law, Fungies does not warrant that a Seller’s Product will be uninterrupted, error-free, secure, compatible with your device, fit for a particular purpose, or available for a particular period. Product warranties, if any, are provided by the Seller or required by law.

Nothing in these Buyer Terms excludes or limits liability that cannot legally be excluded or limited, including liability for fraud, fraudulent misrepresentation, intentional misconduct, or mandatory consumer rights.

Subject to the preceding paragraph, Fungies is not liable for indirect, incidental, special, punitive, or consequential losses, or for loss of profits, revenue, data, goodwill, business opportunity, or business interruption arising from the Product or Seller’s acts or omissions. To the extent permitted by law, Fungies’ total liability arising from a particular Transaction will not exceed the Charges paid to Fungies for that Transaction.

12. Privacy

Our Privacy Policy explains how we collect, use, share, retain, and protect personal information in connection with our websites, checkout, payment services, buyer support, and compliance operations. The Seller’s privacy notice governs personal information that the Seller collects directly through its app, software, website, product account, or support tools.

We may share information with the Seller where necessary to deliver the Product, investigate a Product or refund issue, prevent fraud, comply with law, or administer a Transaction. We may also share information with payment processors, tax providers, fraud-prevention providers, professional advisers, regulators, and authorities as described in our Privacy Policy or required by law.

13. Complaints and Disputes

For payment, receipt, invoice, tax, billing, cancellation, refund, or unrecognised-charge questions, contact [e-mail] and include your order number, email address used at checkout, and a description of the issue. For Product support, contact the Seller using the support route shown on the Product page, Seller website, or Seller Terms.

We will attempt to resolve payment-related complaints fairly and promptly. Nothing in this section prevents you from using a regulator, consumer-protection body, court, payment-provider dispute process, or other remedy available under mandatory law.

Unless mandatory law requires otherwise, these Buyer Terms and payment Transactions are governed by the laws of the State of Delaware, excluding conflict-of-laws principles. Consumers may bring claims in their home jurisdiction where mandatory law gives them that right. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

14. Changes, Assignment, and Other Terms

We may update these Buyer Terms from time to time. The version in effect when you complete a Transaction governs that Transaction, except that updated terms may apply to future Subscription renewals if we give notice required by law. If you do not agree to updated terms for a future renewal, you may cancel before they take effect.

You may not assign your rights or obligations under these Buyer Terms without our written consent. We may assign our rights and obligations to an affiliate, successor, or purchaser of our relevant business, subject to applicable law and any required notice.

If a provision is unenforceable, it will be read down to the minimum extent necessary and the remaining provisions will continue in effect. A failure to enforce a right is not a waiver. These Buyer Terms, the Refund Policy, the relevant checkout disclosures, and incorporated policies form the entire agreement between you and Fungies concerning a Transaction.

15. Contact

Fungies Buyer Support

Email: [e-mail]

Legal and IP notices: [e-mail]

Website: https://fungies.io

The relevant Fungies contracting entity and any applicable business address are shown on your receipt, invoice, or checkout confirmation.