Terms of Service
Hong Kong HARMONY FOREST INTERNATIONAL COMPANY LIMITED. is a game production company in Hong Kong, aiming to revolutionize the way people explore games. Games are the gateway for everyone around the world to relax their imagination. Game services are provided by Funiversehub Hong Kong HARMONY FOREST INTERNATIONAL. (Address: ROOM 4 16/F HO KINGCOMM CTR 2-16 FA YUEN ST MONGKOK KL) (referred to as “Game” or “We”).
These Terms of Service (this “Agreement”) apply to the use and recharge of Funiversehub products and services (“Services”).
This Agreement is signed between the entity or individual who recharges or accesses the Service through the Funiversehub website (referred to as “Customer” or “User”) and us. If you agree to this Agreement not in your personal capacity but on behalf of your organization, this Agreement will be binding on your organization unless your organization has signed a separate valid agreement with us. Before continuing, you confirm that you have the authority to sign this Agreement on behalf of your organization.
By accessing and using the Service, you agree to be bound by this Agreement. The provision of the Service to you is conditional upon your acceptance of this Agreement. If you do not agree to this Agreement, you may not access or use the Service.
Please read this document carefully. If you register, access or use our Service, you agree to this Agreement. If you are under 18 years of age or are prohibited from using the Service under applicable law, please do not use the Service.
1 Service
1.1 Scope: This Agreement governs access to and recharge of the Service. You may access and use the Service in accordance with this Agreement, the Acceptable Use Policy and the Privacy Policy. Certain Services or features may be subject to additional terms specific to the relevant Service or feature, which are set forth in the Feature Specific Terms and are hereby incorporated into this Agreement by reference. By accessing or using the relevant features, you agree to be bound by such Feature Specific Terms.
1.2 Availability: Funiversehub will make reasonable efforts to ensure that the Service is available. However, access to the Service may be interrupted from time to time due to necessary maintenance, technical issues, network and system overloads, or events beyond the control of Funiversehub. Funiversehub will make commercially reasonable efforts to avoid interruptions in the service, but Funiversehub will not be liable if the service or any part of it is unavailable at any time or for any period of time. Funiversehub may update the service from time to time. We reserve the right to withdraw or modify the service at our sole discretion without notice.
2 Use of the Service
2.1 Access Rights: Funiversehub grants you a limited, non-exclusive, non-transferable and revocable right to use the service in accordance with this Agreement and during the recharge purchase period. You may not distribute, sublicense, transfer, sell, offer for sale, disclose or provide any part of the service to any third party.
2.2 Use Restrictions: Access and use of the service is subject to the use restrictions applicable to your service plan. You are responsible for complying with the use restrictions applicable to your service plan. Funiversehub reserves the right to charge excess fees or limit your use beyond the applicable use restrictions.
2.3 User Account: To use the service, you must be at least 18 years old and register an account with Funiversehub. During the registration process, you must provide true, current, complete and accurate information and promptly update such data to ensure that it remains true, current, complete and accurate. Funiversehub may evaluate the registration information from time to time.
2.4 Equipment: You will be responsible for obtaining and maintaining any equipment and ancillary services needed to connect, access or otherwise use the Services, such as all connections, computer software, hardware and other equipment required to access and use the Services. You must maintain the confidentiality of your account. You agree and acknowledge that login information may not be shared with or used by any other person.
3 Payment and Billing
3.1 Service Plans: Funiversehub offers paid services. The price and features of the Services depend on the service plan you select. Current prices and features are published on the Funiversehub website.
3.2 Fees: You are responsible for paying the fees in the currency quoted at the time of purchase. You must provide current, complete, accurate and authorized credit card information. You further agree to promptly update account and payment information, including email address, payment method and payment card expiration date, so that we can complete your transactions and contact you when needed.
3.3 Payment: You hereby authorize Funiversehub to (i) charge all applicable fees using your selected payment method; and (ii) provide relevant information to third-party service providers to complete payment. You expressly agree that we will provide you with the service immediately after your purchase. All fees are payable at the time of purchase and are non-refundable, unless otherwise required by law or otherwise expressly provided in this Agreement or our Refund Policy.
3.4 Taxes: Fees are exclusive of taxes, and all taxes are the responsibility of the customer. If we believe we have a legal obligation to pay such taxes, we will invoice you, and the customer agrees to pay such taxes if invoiced.
3.5 Fee Changes: Funiversehub does not guarantee or promise that a service plan will be available indefinitely, and reserves the right to change prices or modify the features and options in a particular service plan. We reserve the right to correct any pricing errors even if we have requested or received payment. We also reserve the right to refuse any order placed through our website.
3.6 Monitoring: Funiversehub reserves the right, in its sole discretion, to investigate and take appropriate action against anyone who violates this Agreement or the Acceptable Use Policy, including removing the offending content without prior notice, terminating or suspending accounts or access to the Service, and/or reporting such content or activity to law enforcement.
4 Limitations and Liability
4.1 Limitations: You may not directly or indirectly (i) reverse engineer, decompile, disassemble or otherwise attempt to discover the source code, object code or underlying structure, ideas, know-how or algorithms of any software, documentation or data (“Software”) on or related to the Services; (ii) modify, translate or create derivative works based on the Services or any Software (unless expressly permitted by Funiversehub or authorized within the Services); (iii) remove any proprietary notices or labels; (iv) use any method to extract data from the Services, including web scraping, web collection or web data extraction methods; (v) claim that games created by customers through the Services are manually generated when this is not the case; (vi) upload, share or otherwise transmit through the Services any customer data that is considered sensitive under applicable data protection laws.
4.2 Compliance: You must use the Services in compliance with this Agreement and the Acceptable Use Policy. As between the parties, Customer is responsible for complying with the provisions of this Agreement and the Acceptable Use Policy, including any and all activities that occur under the Account. Customer is solely responsible for complying with the laws and regulations applicable to Customer and Users’ use of the Services. It is the customer’s sole responsibility to determine whether the Service is accurate or adequate for its purposes.
4.3 Indemnification: You are solely responsible for all Content. Funiversehub may (but is not obligated to) monitor, review or analyze any Content. To the extent permitted by law, you will defend, indemnify and hold Funiversehub (including its employees and affiliates) harmless from and against any claims, events, liabilities, proceedings, damages, losses and expenses (including reasonable legal and accounting fees) arising out of or related to your access to or use of the Service or your breach of this Agreement, including any third-party claims related to your Content.
4.4 Export Restrictions: The Service may be subject to export laws and regulations in relevant jurisdictions. You agree to comply with all such laws and regulations when accessing and using the Service.
5 Intellectual Property
5.1 Intellectual Property: We reserve all rights, title and interest in and to all relevant patents, inventions, copyrights, trademarks, domain names, databases, trade secrets, know-how and any other intellectual property and/or proprietary rights (collectively, “Intellectual Property”). Unless otherwise expressly provided in this Agreement, this Agreement does not grant you any right, title or interest in and to the Services or any Funiversehub intellectual property.
5.2 Feedback: Funiversehub may use any feedback, ideas, comments, improvement requests, recommendations or suggestions (“Suggestions”) that you send or share without any obligation to you. You hereby grant Funiversehub a worldwide, royalty-free, irrevocable, perpetual license to use and otherwise incorporate any Suggestions. Unless otherwise directed in writing by the Customer, Funiversehub may use any logos and/or names associated with the Customer in its Customer reference lists and other marketing materials.
6 Data Processing
6.1 Customer Account Information: In connection with the Services, Funiversehub will act as a data controller and process certain information, which may include personal data, in accordance with the Privacy Policy, which you hereby accept and acknowledge. The Customer should familiarize its users with the Privacy Policy.
6.2 Customer Data: If Customer uploads Customer Data to the Service, Customer represents and warrants that it has the right to process such Customer Data and transfer it to Funiversehub and that such processing is in compliance with applicable data protection laws. In particular, Customer represents and warrants that it has obtained all relevant consents, licenses and rights and has provided all necessary relevant notices required by applicable data protection laws so that Funiversehub can lawfully process the Customer Data. Funiversehub will only process Customer Data to perform the Services and Funiversehub’ obligations under this Agreement.
7 Third-Party Services
7.1 Subcontractors: You agree that Funiversehub will engage third parties, including subcontractors, in providing the Services.
7.2 Third-Party Services: The Services may contain features and functionality that link to third-party websites and services or provide certain features and access rights. Funiversehub has no influence on the content of these linked pages and does not assume any responsibility or liability for such links, websites or services. If you decide to enable, access or use such services, your access and use of such services will be subject solely to the terms and conditions of such services.
8 Warranty
8.1 Funiversehub does not guarantee that the service will be uninterrupted or error-free; nor does it make any guarantee as to the results that may be obtained from using the service. Except as expressly provided in these Terms, the service is provided on an “as is” and “as available” basis, and Funiversehub disclaims all warranties, express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
8.2 By using the Services, you represent and warrant that: (i) all registration information you submit is true, accurate, current and complete; (ii) you will maintain the accuracy of such information and promptly update such registration information as necessary; (iii) you have the legal capacity and agree to abide by this Agreement; (iv) you are 18 years of age or older; (v) you are not a minor in the jurisdiction in which you reside, or if you are a minor, you have obtained parental consent to use the Services; (vi) you will not access the Services through automated or non-human means (whether through a robot, script or otherwise); (vii) you will not use the Services for any illegal or unauthorized purpose; and (viii) your use of the Services will not violate any applicable law or regulation or the Acceptable Use Policy.
9 Limitation of Liability
9.1 In no event shall Funiversehub, its affiliates, distributors, officers, employees, agents, suppliers or licensors be liable for any loss of profits, revenue or business opportunity, loss of use, loss of data, loss of confidential or other information, business interruption, and any other direct, indirect, special, incidental, criminal, consequential or consequential damages, whether based on contract, tort, negligence, product liability or otherwise, arising out of or in any way connected with the use of the ORIN Services or support and maintenance services (if any), regardless of whether Funiversehub has been advised of or should have known of the possibility of such damages.
9.2 Subject to Section 11.1, regardless of the legal basis, Funiversehub’s total liability for all claims related to the Services is limited to the amount paid by Customer to Funiversehub for the Services in the 6 months prior to the first event or circumstance giving rise to such liability.
9.3 Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages or personal injury or death, which means that some of the above limitations may not apply. IN THESE JURISDICTIONS, Funiversehub’ liability will be limited to the maximum extent permitted by law.
9.4 Free Services: Any free services agreed to by the parties are provided on an “as is” and “as available” basis, without any warranty that may be set forth in this Agreement, and Funiversehub disclaims any implied warranties, including but not limited to merchantability or fitness for a particular purpose, and Funiversehub’ total cumulative liability arising out of or in connection with the customer’s use of the free services is limited to $1.
9.5 Separate Allocation of Risk: Each provision of this Agreement that provides for a limitation of liability, disclaimer of warranty, or exclusion of damages represents an agreed allocation of the risks of this Agreement between the parties. This allocation is an essential part of the basis of the bargain between the parties. Each of these provisions is severable and independent of all other provisions of this Agreement, and each of these provisions will apply even if the warranty in this Agreement fails of its essential purpose.
9.6 Force Majeure: Funiversehub shall not be liable to the Customer or any other third party for any failure or delay in performance of the Services due to force majeure events (including acts of God, natural disasters, war, civil unrest, actions of governmental entities, strikes, labor disputes, acts of civil or military authorities, power outages, computer viruses and other causes beyond the reasonable control of Funiversehub).
10 Term and Termination
10.1 Term: This Agreement shall come into force on the date you accept this Agreement and shall continue in force until terminated by you or Funiversehub.
10.2 Cancellation: The Customer may choose to terminate this Agreement by giving notice at the end of the current recharge fee by logging into the Customer Account, and at the latest on the last day of the current fee. No refunds will be given for any prepaid services. The Customer may terminate the free service immediately without any reason.
10.3 Termination for Cause: Funiversehub may terminate this Agreement by giving notice if you materially breach this Agreement and fail to correct it within fifteen days. Funiversehub may terminate this Agreement immediately for cause without notice if you violate the Acceptable Use Policy.
10.4 Effect of Termination: If this Agreement is terminated: (i) the rights and licenses granted under this Agreement will terminate immediately, and (ii) Funiversehub may delete any content associated with Customer’s account within a commercially reasonable time.
10.5 Survival: All portions of this Agreement that by their nature should survive termination will survive termination, including, without limitation, accrued payment rights, confidentiality obligations, disclaimers, and limitations of liability.
11 Miscellaneous
11.1 No Agency: This Agreement does not create any agency, partnership, joint venture, or employment relationship, and Customer does not have the authority to bind Funiversehub in any manner. In any action or proceeding brought to enforce rights under this Agreement, the prevailing party shall be entitled to recover costs and attorneys’ fees.
11.2 Modifications: We may revise this Agreement from time to time, and the most current version will always be posted on its website. If Funiversehub determines, in its sole discretion, that a revision is material, we will notify you. By continuing to access or use the Services after the revisions become effective, you agree to be bound by the revised Agreement. If you do not agree to the revised terms, please stop using the Services.
11.3 Severability, Entire Agreement: The terms of this Agreement apply to the fullest extent permitted by applicable law. If any court or relevant authority rules that any part of this Agreement is illegal, unenforceable or invalid, the remaining terms will remain in full force and effect. This is the entire contract between the parties regarding the Services. It supersedes any prior contracts or oral or written representations regarding your use of the Services.
11.4 Notices: Notices shall be sent electronically (email). Notices sent by email will be deemed to have been duly given on the day after they are sent.
11.5 Governing Law and Disputes: This Agreement shall be governed by the laws of Estonia, without regard to its conflict of law provisions. The parties expressly exclude the applicability of (i) the United Nations Convention on the Sale of Goods and (ii) any Incoterms. For the avoidance of any doubt, if the Customer is a consumer and has his or her habitual residence in the European Union, this clause does not affect the protection provided by the mandatory provisions of the law of the place where the Customer resides. Any dispute between the parties arising out of or in connection with this Agreement shall be subject to the exclusive jurisdiction of the Estonian courts.
12 Contact Us
If you have any questions or inquiries regarding the Service, please contact us:
Product Support: harmoneyforest@outlook.com
Other Inquiries: harmoneyforest@outlook.com
15 Service Hours
Monday to Friday: 10:00 – 19:00
Emails will be responded to in the order they are received. Thank you for your patience.
16 Glossary
In addition to the terms defined elsewhere in this Agreement, the following definitions apply to the entire text of this Agreement unless the contrary intention appears.
a. Affiliate means any entity that directly or indirectly controls, is controlled by, or is under common control with the subject entity. “Control” in this definition means directly or indirectly owning or controlling more than 50% of the voting rights of the subject entity.
b. Agreement means the terms of this document.
c. Avatar means an avatar synthesized based on the voice and visual performance of a real person, which serves as a host in the game created by the customer.
d. Customer Data means personal data submitted to the Service by or on behalf of Customer and its Users as part of Customer’s profile.
e. Funiversehub Materials means the materials and content provided in the Service, including avatars, voices, and templates.
f. Customer Profile means any data, fonts, images, templates, information, content, or materials, such as backgrounds, images, audio files, and text, provided by Customer to Funiversehub or submitted to the Service by Customer or its Users in the course of using the Service.
h. Custom Avatar means a synthetic avatar created based on the visual representation and/or voice of a real person selected by Customer.
i. Free Services means any free trial, promotional offer, or other type of limited-time offer for the Service.
j. Intellectual Property means patents, inventions, copyrights, trademarks, domain names, database trade secrets, know-how, and any other intellectual property and/or proprietary rights.
k. Licensed Materials means content provided on the Service that is not Funiversehub Materials or Customer Materials (including, but not limited to, stock media such as photos, templates, images, games, and audio).
l.Open Source Components means third-party components that the Software may include, which are released under a license that is considered a free software license by the Free Software Foundation (https://www.gnu.org/philosophy/free-sw.html).
m.Personal Data shall have the meaning defined in applicable data protection law, including but not limited to Regulation (EU) 2016/679 “on the protection of natural persons with regard to the processing of personal data and on the free movement of such data” and any applicable national law implemented by the Member States of the European Economic Area.
n.Service Plan means a packaged Service Plan for the Service and related features and services, as detailed on the Funiversehub website.
o.Software means source code, object code or underlying structure, ideas, know-how or algorithms related to the Service, or any software, documentation or data related to the Service.
p.Suggestions means any feedback, ideas, comments, enhancement requests, recommendations or opinions.
l.User means an individual authorized by the Customer to use the Service, for whom the Customer has purchased and registered a Service account.
Refund Policy
We provide a clear refund policy that allows users to apply for a refund under certain conditions. For more information, please visit: Refund Policy
Can I get a refund for my Funiversehub recharge?
If you have purchased a paid service plan, you can apply for a full refund if the following conditions are met:
a) Your refund request will be sent to us within 7 days of purchase,
If you make a refund request after the 7th day after the recharge starts and you have watched less than 5 minutes of the game, then we may, at our discretion, provide you with a partial refund until you tell us that you have changed your mind.
We do not provide refunds or partial refunds for the following situations: (i) users who played less than 5 minutes at the time of the first purchase after 7 days after the recharge was effective; and (ii) enterprise plan users.
How to apply for a refund?
If you need to apply for a refund (or partial refund), please contact harmoneyforest@outlook.com. We will transfer the funds to the payment method used for your original purchase as soon as possible. If you choose a refund, we may immediately suspend your account.