- [email protected]
- 5/F MANULIFE PLACE 348 KWUN KL TONG ROAD
Effective Date: September 2024
Welcome to FunForge Limited ("we," "our," or "us"). These Terms of Service ("Terms") govern your access to and use of our website, games, advertising services, and monetization platform (collectively, the "Services").
By accessing or using our Services, you agree to comply with these Terms and all applicable laws and regulations of the Hong Kong Special Administrative Region (HKSAR). If you do not agree, you must discontinue use of the Services immediately.
For the purposes of these Terms:
· "User" means any individual or entity accessing or using our Services, including game developers, advertisers, and players.
· "Advertiser" refers to businesses, marketers, or individuals who place ads within our games or platform.
· "Developer" refers to individuals or companies that integrate their games into our platform for monetization.
· "Player" refers to individuals who engage with our games or platform.
· "Ad Monetization" refers to revenue generated from displaying advertisements to users within games, applications, or websites.
· "Revenue Share" means the agreed percentage split between developers and the platform from ad-generated earnings.
· "Hong Kong Law" refers to the laws and regulations applicable within the Hong Kong Special Administrative Region.
By using our Services, you:
· Confirm that you have read, understood, and agreed to these Terms.
· Confirm that you are at least thirteen (13) years old or have obtained consent from a legal guardian if under thirteen.
· Agree to abide by all applicable Hong Kong laws and international advertising and gaming regulations.
We reserve the right to modify these Terms at any time. Continued use of the Services after changes are posted constitutes acceptance of the revised Terms.
For Developers
Developers who integrate their games into our platform agree to:
· Use our approved Software Development Kit (SDK) for ad integration.
· Allow our system to serve and optimise advertisements within their games.
· Follow the Developer Monetization Agreement, including revenue-sharing terms.
· Ensure compliance with our Advertising Content Policy, prohibiting illegal or harmful ads.
For Advertisers
Advertisers who place ads on our platform agree to:
· Comply with all applicable advertising laws in Hong Kong and other jurisdictions.
· Ensure advertisements do not contain deceptive, misleading, illegal, or offensive content.
· Pay for ad placements as per the Advertising Agreement.
· Acknowledge that ad performance metrics (impressions, conversions, click-through rates) are final as determined by our analytics system.
For Players
Players acknowledge that:
· Advertisements may be displayed before, during, or after gameplay.
· Some in-game rewards may require watching advertisements.
· They can manage ad preferences, including opting out of personalised ads, in Privacy Settings.
Players who disable ad tracking may still receive non-personalized advertisements.
For Developers
· Developers will receive a percentage of ad-generated revenue, as per the Developer Monetization Agreement.
· Revenue is calculated based on valid impressions, clicks, and ad engagements, as measured by our system.
· Payments will be made monthly, provided the earnings meet the minimum threshold of HKD 800.
For Advertisers
· Advertisers must pre-fund their accounts or pay invoices on a net thirty (30) days basis.
· Failure to make payments on time may result in the suspension of ad campaigns and potential legal action.
Payment Methods & Fees
· Payments may be processed via bank transfer, PayPal, or other approved payment methods.
· Any processing fees, including currency conversion fees, will be the responsibility of the payee.
Users agree not to:
· Manipulate ad impressions, clicks, or engagement using automated methods (click fraud, bots, or similar means).
· Upload or distribute illegal, offensive, or infringing content.
· Circumvent or interfere with ad-serving mechanisms, tracking, or revenue calculations.
· Monetize games containing content that violates intellectual property laws, Hong Kong's legal framework, or international advertising regulations.
Any violation may result in immediate termination of services and forfeiture of earnings.
· All trademarks, technology, content, and branding associated with the platform are the exclusive property of FunForge Limited.
· Developers retain ownership of their game content but grant us a worldwide, non-exclusive, royalty-free license to distribute, display, and monetize it.
· Advertisers grant us a license to display ads in accordance with the Advertising Agreement.
Any unauthorized use of our intellectual property is strictly prohibited.
Commitment to Privacy
We are committed to protecting the privacy and personal information of our users in accordance with Hong Kong's Personal Data (Privacy) Ordinance (PDPO) (Cap. 486), as well as applicable international privacy laws such as the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA).
By using our Services, you agree to the collection, processing, and storage of your personal data as outlined in our Privacy Policy.
Collection and Use of Personal Data
We collect, use, and process personal data for the following purposes:
· Providing and Enhancing Services: To enable access to our platform, personalise user experiences, optimise game performance, and improve overall service quality.
· Advertising and Monetization: To serve targeted and non-targeted advertisements, measure ad engagement, and generate revenue for developers and advertisers.
· Security and Fraud Prevention: To detect, prevent, and investigate fraudulent activities, hacking attempts, and other security threats.
· Legal Compliance: To comply with legal obligations, regulatory requirements, and requests from law enforcement authorities.
· Communication: To send important service updates, notifications, and promotional content (where applicable).
For a detailed breakdown of the types of personal data we collect and how it is used, please refer to our Privacy Policy.
Users have the following rights regarding their personal data under Hong Kong's PDPO, GDPR, and other applicable privacy laws:
· Right to Access: Users may request a copy of the personal data we hold about them.
· Right to Correction: Users may request corrections to any inaccurate or incomplete personal information.
· Right to Deletion: Users may request the deletion of their personal data, subject to legal obligations or legitimate business interests.
· Right to Restrict Processing: Users may request that we limit the processing of their data under certain circumstances.
· Right to Data Portability: Users may request a copy of their data in a structured, machine-readable format.
· Right to Object: Users may opt out of direct marketing communications and personalised advertising.
To exercise these rights, users may contact us at [email protected]. We will process requests in accordance with applicable laws and respond within a reasonable timeframe.
Advertiser Data Collection and Compliance
Advertisers using our platform must comply with the following data protection requirements:
· Explicit User Consent: Advertisers must not collect personal data (such as names, contact details, or precise location data) from users through ads without explicit and informed user consent.
· Transparency and Disclosure: Any data collection by advertisers must be clearly disclosed within the ad or linked to a detailed privacy policy.
· Compliance with Privacy Laws: Advertisers must adhere to the PDPO, GDPR, CCPA, and any other applicable privacy regulations when handling user data.
· Prohibited Practices: Advertisers are strictly prohibited from:
-Using covert tracking technologies (e.g., fingerprinting, super cookies) without user knowledge.
-Collecting sensitive data (e.g., health records, financial data) without lawful justification.
-Sharing user data with unauthorised third parties for unrelated purposes.
Failure to comply may result in the suspension of ad campaigns, account termination, or legal action.
Opting Out of Targeted Advertising
We respect user' choices regarding their personal data. Users may opt out of targeted advertising through the following methods:
· Privacy Settings in User Accounts: Users can manage their ad preferences by adjusting their privacy settings within our platform.
· Device-Level Ad Controls: Users can opt out of personalised ads through Android (Ad Settings) and iOS (Limit Ad Tracking) device settings.
· Industry Standards: Users may also opt out of personalised ads via industry-supported mechanisms such as:
-Digital Advertising Alliance (DAA) Opt-Out Tool
-Network Advertising Initiative (NAI) Consumer Opt-Out
-YourAdChoices (for users in applicable jurisdictions)
Even after opting out, users may still see advertisements, but these ads will not be based on personalized data and may be contextual or non-targeted.
Third-Party Data Processors and Cross-Border Transfers
We may work with third-party data processors (e.g., cloud hosting providers, analytics services, and advertising networks) to deliver our Services. These third parties are contractually obligated to follow strict data security and confidentiality requirements.
If personal data is transferred outside of Hong Kong, we ensure that appropriate safeguards are in place to comply with cross-border data protection laws. These safeguards may include:
· Standard Contractual Clauses (SCCs) as approved by regulatory authorities.
· Adequacy Decisions for jurisdictions recognised as having strong data protection laws.
· Binding Corporate Rules (BCRs) for internal data transfers within multinational companies.
We implement robust technical and organisational measures to protect personal data from unauthorised access, loss, misuse, or disclosure. These measures include:
· Encryption: Secure encryption methods to protect sensitive data during storage and transmission.
· Access Controls: Restricted access to personal data based on user roles and necessity.
· Regular Security Audits: Periodic audits and assessments to detect and prevent vulnerabilities.
· Anonymisation and Data Minimisation: Ensuring that only the necessary amount of data is collected and processed.
Despite our best efforts, no system is completely secure. Users are advised to safeguard their account credentials and report any unauthorized access immediately.
Retention of Personal Data
We retain personal data only for as long as necessary to fulfill the purposes outlined in this section. The retention period is determined based on:
· Legal and regulatory requirements
· Business needs and operational purposes
· User requests for data deletion
When data is no longer required, it is securely deleted or anonymised in accordance with industry best practices.
Governing Law
These Terms, along with any disputes or claims arising from or related to them, shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region (HKSAR), without regard to its conflict of law principles.
By using our Services, you acknowledge and agree that Hong Kong courts shall have exclusive jurisdiction over any legal matters relating to these Terms, except as otherwise provided in the dispute resolution provisions below.
Dispute Resolution
At FunForge Limited, we strive to maintain positive relationships with all users, including players, developers, and advertisers. To ensure fair and efficient resolution of disputes, we have established the following tiered dispute resolution mechanism:
Amicable Negotiation
If a dispute arises between you and FunForge Limited, we encourage you to first contact our customer support team at [email protected] to seek an informal resolution. We will attempt to resolve the matter amicably within thirty (30) days from the date of receiving the complaint.
Arbitration
If a dispute remains unresolved through negotiation, it shall be referred to binding arbitration under the following conditions:
· Arbitration shall be conducted in Hong Kong under the Hong Kong International Arbitration Centre (HKIAC) Administered Arbitration Rules in force at the time of the dispute.
· The arbitration shall be conducted by a single arbitrator appointed in accordance with HKIAC rules.
· The arbitration shall be conducted in English unless both parties agree otherwise.
· The arbitration award shall be final and binding, and the parties agree to waive their right to appeal, except where an appeal is permitted under Hong Kong law.
Class Action Waiver
To the maximum extent permitted by law, you agree to waive any right to participate in a class-action lawsuit or class-wide arbitration against FunForge Limited.
All disputes must be resolved on an individual basis, and users may not consolidate claims with other users or act as a representative party in any lawsuit or arbitration proceeding.
Exceptions to Arbitration
Notwithstanding the above, FunForge Limited reserves the right to initiate legal action in Hong Kong courts for:
· Breach of intellectual property rights, including copyright, trademark, and trade secrets violations.
· Unpaid advertiser fees, fraudulent transactions, or unauthorized use of our Services.
· Emergency injunctive relief, where immediate action is necessary to prevent irreparable harm.
Severability
If any provision of these Terms is found to be invalid, illegal, or unenforceable, the remaining provisions shall continue to be fully effective and enforceable.
he invalid provision shall be replaced with a legally valid and enforceable provision that most closely aligns with the original intent and purpose of the Terms.
Force Majeure
We shall not be held liable for any delays, failures, or interruptions in providing the Services due to circumstances beyond our reasonable control. These may include, but are not limited to:
· Acts of God, including earthquakes, floods, tsunamis, fires, or other natural disasters.
· Cyberattacks, data breaches, system failures, or distributed denial-of-service (DDoS) attacks.
· Government actions, regulatory changes, new legal requirements, or embargoes.
· Public health crises, including pandemics, epidemics, and outbreaks of contagious diseases.
· Technical issues caused by third-party service providers, such as internet failures or cloud service disruptions.
During a force majeure event, our obligations under these Terms will be suspended, and we will take all reasonable steps to resume normal operations as soon as possible.
Entire Agreement
hese Terms, together with our Privacy Policy, Advertising Agreement, and Developer Monetization Agreement (where applicable), constitute the entire agreement between you and FunForge Limited concerning the use of our Services.
hese Terms supersede any prior agreements, representations, or communications, whether written or verbal, relating to your use of our Services.
No waiver of any provision in these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right under these Terms shall not constitute a waiver of such right.
We reserve the right to update, amend, or modify these Terms at any time. If we make significant changes, we will:
· Update the "Effective Date" at the top of this page.
· Notify users through email, push notifications, or in-game announcements.
· Provide a reasonable timeframe for users to review and accept the revised Terms.
Continued use of our Services after the revised Terms become effective constitutes acceptance of the updated Terms.
If you do not agree with the updated Terms, you must discontinue use of the Services and, if necessary, close your account.
For privacy-related inquiries, data access requests, or concerns about data protection, please contact us at:
Email: [email protected]
Mailing Address: 5/F MANULIFE PLACE 348 KWUN KL TONG ROAD
We take privacy seriously and will address all inquiries in accordance with applicable privacy laws.