Terms of Use
Terms of Use for Funodynamic LLC
Last Updated: August 1, 2023
1. Acceptance of Terms
Welcome to Funodynamic LLC! These Terms of Use govern your use of our mobile apps and website www.funodynamic.com (collectively known as “Services”). By accessing or using our Services, you agree to comply with these Terms of Use. If you do not agree with these terms, please refrain from using our services.
2. Privacy Policy
Your use of our Services is also subject to our Privacy Policy https://www.funodynamic.com/privacy. Please review the Privacy Policy to understand how we collect, use, and protect your personal information.
3. User Eligibility
Our Services are intended for users who meet the following eligibility criteria:
Age Requirement: Users must be at least 13 years old. Furthermore, if you are under the age of 18, you are not permitted to access or use our Services without the consent of a legal guardian who has reviewed and accepted these Terms of Use on your behalf and agrees to be bound by them.
Geographic Restrictions: Some features, services, or in-app purchases may be subject to geographic restrictions based on local laws and regulations. It is your responsibility to ensure that your use of our app and any related purchases comply with the laws of your jurisdiction.
Account Requirements: Our mobile app does not require users to create an account or log in to access basic functionalities. However, some in-app purchases or features may require account creation or login through third-party platforms, such as Google or Apple accounts. By creating an account or logging in, you affirm that you meet the necessary eligibility criteria for using our app and its services.
Compliance with Terms: By using our Services, you acknowledge and affirm that you meet the eligibility criteria outlined in this section and agree to comply with all applicable laws, regulations, and these Terms of Use.
If you do not meet the eligibility criteria, please refrain from using our Services.
4. Intellectual Property
All content, materials, and features available on our Services, including but not limited to text, graphics, images, logos, and software, are the intellectual property of Funodynamic LLC and its licensors. You may not use, copy, reproduce, modify, distribute, or create derivative works based on our content without our explicit written consent.
5. Mobile App and In-App Purchases
Our mobile app may offer in-app purchases for various products, services, virtual items, or advertisement removal. By making an in-app purchase, you agree to comply with the terms and conditions outlined in this section.
5.1 Purchase Process
In-app purchases are facilitated through the respective app store platforms (e.g., Google Play Store for Android devices and Apple App Store for iOS devices). When you initiate an in-app purchase, you will be redirected to the app store's payment processing system, where you can review the purchase details, including the price and payment method.
5.2 Payment Authorization
By proceeding with an in-app purchase, you authorize the app store and its payment processors to charge the specified amount to your designated payment method. Please ensure that you have the necessary permissions and funds to make the purchase. Any fees, taxes, or other charges associated with the transaction will be handled by the app store and are subject to their terms and policies.
5.3 Subscriptions
If the in-app purchase involves a subscription, you acknowledge that the subscription will automatically renew at the end of each billing period, according to the subscription plan you selected. You have the option to manage your subscriptions and cancel automatic renewals through your app store account settings.
5.4 Refunds and Cancellations
All in-app purchases are final and non-refundable as per the app store policies. For any purchase issues, contact the app store's customer support. Please review your purchase carefully before proceeding. By making an in-app purchase, you acknowledge and accept the no-refund policy, subject to applicable consumer rights.
5.5 Virtual Items
Certain in-app purchases may provide virtual items, such as in-game currency, power-ups, digital goods, or advertisement removal. These virtual items have no real-world value and cannot be redeemed for cash or exchanged for physical goods or services.
5.6 Third-Party Payment Processors
To process in-app purchases, we rely on trusted third-party payment processors, such as Google Pay and Apple Pay. We do not collect or store any payment information directly. Your financial data is securely handled by these payment processors, ensuring the privacy and security of your payment details.
5.7 Changes to In-App Purchases
We reserve the right to modify or discontinue in-app purchases or their associated prices at any time without prior notice. Any changes to in-app purchases will be effective for future transactions.
6. User Conduct
By using our Services, you agree not to:
Violate any applicable laws or regulations.
Infringe upon the rights of others, including intellectual property rights.
Engage in unauthorized data mining or scraping.
Transmit any content that is unlawful, harmful, defamatory, obscene, or otherwise objectionable.
Use our Services in a manner that may impair their performance or accessibility.
Attempt to gain unauthorized access to any part of our Services.
7. Third-Party Links
Our Services may contain links to third-party websites or services that we do not control. We are not responsible for the content or privacy practices of these third-party entities. The inclusion of any such links does not imply endorsement or association with the linked sites. You acknowledge that your use of third-party websites or services is at your own risk, and you should review their respective terms of use and privacy policies.
8. Disclaimer of Warranties
Our Services are provided on an "as-is" basis. We make no warranties or representations, express or implied, regarding the accuracy, reliability, or availability of our services. Your use of our Services is at your own risk, and we disclaim any liability for any damages resulting from your use of our services.
9. Limitation of Liability
To the extent permitted by applicable law, Funodynamic LLC and its affiliates, officers, directors, employees, and agents shall not be liable for any direct, indirect, incidental, special, or consequential damages arising from your use or inability to use our Services.
10. Indemnification
You agree to indemnify and hold harmless Funodynamic LLC, its affiliates, officers, directors, employees, and agents from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising from your violation of these Terms of Use or any third-party rights.
11. Severability
In the event that any provision of these Terms of Use is determined to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid, legal, and enforceable while preserving its intent. If modification is not possible, the invalid, illegal, or unenforceable provision shall be deemed severed from these Terms of Use, and all other provisions shall remain in full force and effect.
The invalidity, illegality, or unenforceability of any provision shall not affect the validity, legality, or enforceability of the remaining provisions of these Terms of Use. The failure to enforce any right or provision under these Terms of Use shall not be considered a waiver of that right or provision.
12. Changes to Terms of Use
We may update these Terms of Use from time to time. The most current version will be indicated by the "Effective Date" at the top of this page. By continuing to use our Services after any changes to these Terms of Use, you acknowledge and accept the revised terms.
13. Termination
We reserve the right to suspend or terminate your access to our Services at any time for any reason, without prior notice.
14. Governing Law
These Terms of Use shall be governed by and construed in accordance with the laws of the State of Colorado, without regard to its conflict of laws principles.
15. Contact Us
If you have any questions or concerns regarding these Terms of Use, please contact us via our customer support page at https://www.funodynamic.com/contact or at support@funodynamic.com.
Thank you for enjoying our products!