Fusion Terms of Service

Last Updated: 16.10.2024

These Terms of Service ("Terms") constitute a legally binding agreement between you ("User" or "You") and Fusion ("Company", "We", "Us", or "Our") governing your access to and use of the Fusion application and related services (collectively, the "Services"). By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use the Services.

1. Definitions and Interpretation

• 1.1 Services: The term "Services" shall encompass all functionalities provided by Fusion, including but not limited to guild-based chat systems, community creation tools, voice chat capabilities, video chat features, and content streaming functionalities.
• 1.2 User: Any individual or entity that accesses or uses the Services.
• 1.3 Content: Any information, data, text, software, music, sound, photographs, graphics, videos, messages, or other materials uploaded, posted, or otherwise transmitted via the Services.

2. Eligibility and User Representations

• 2.1 Age Requirement: By accessing or using the Services, you represent and warrant that you are at least thirteen (13) years of age. If you are under the age of majority in your jurisdiction, you represent that you have obtained parental or guardian consent to enter into these Terms and use the Services.
• 2.2 Legal Capacity: You represent and warrant that you have the legal capacity and authority to enter into these Terms and to comply with all applicable laws and regulations.

3. User Obligations and Prohibited Conduct

• 3.1 Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws and regulations in connection with your use of the Services.
• 3.2 Prohibited Activities: Without limiting the generality of the foregoing, you shall not, and shall not permit any third party to:
  • Create, upload, transmit, distribute, or store any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically, or otherwise objectionable;
  • Engage in any activity that promotes or facilitates violence against people, animals, or property;
  • Violate any applicable laws, regulations, or third-party rights;
  • Impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
  • Interfere with or disrupt the Services or servers or networks connected to the Services;
  • Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services.
• 3.3 Reporting Violations: Users are required to report any violations of these Terms or any illegal or abusive behavior to the Company via email at support@fusion-app.xyz, providing all relevant information including, but not limited to, screenshots, user IDs, and message IDs.

4. Account Management and Security

• 4.1 Account Creation: Users may create an account on the designated landing page. Profile customization shall be conducted within the application interface.
• 4.2 Username Restrictions: Usernames must not promote, endorse, or depict extreme violence, gore, illegal activities, or any content that violates these Terms or applicable laws.
• 4.3 Account Security: You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to immediately notify the Company of any unauthorized use of your account or any other breach of security.
• 4.4 Account Suspension or Termination: The Company reserves the right, in its sole discretion, to suspend or terminate your account and access to the Services, with or without notice, for any reason or no reason, including but not limited to violation of these Terms.

5. Geographical Restrictions

• 5.1 Prohibited Jurisdictions: The Services are not directed to, and you may not access or use the Services from, the following jurisdictions (collectively, "Prohibited Jurisdictions"):
  • The Islamic Republic of Iran;
  • Any territories of Ukraine currently under occupation.
• 5.2 User Responsibility: You represent and warrant that you are not located in, under the control of, or a national or resident of any Prohibited Jurisdiction. It is your responsibility to ensure compliance with this provision.
• 5.3 Consequences of Violation: Any attempt to access or use the Services from a Prohibited Jurisdiction may result in immediate termination of your account and may subject you to legal action by the Company and/or relevant authorities.

6. Intellectual Property Rights

• 6.1 Ownership of User Content: Users retain ownership of the intellectual property rights in the Content they upload, post, or transmit through the Services, provided they possessed such rights initially.
• 6.2 License Grant: By uploading, posting, or transmitting Content through the Services, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Content in connection with the Services and the Company's business operations, including without limitation for promoting and redistributing part or all of the Services.
• 6.3 Company Intellectual Property: All trademarks, service marks, logos, trade names, and any other proprietary designations of the Company used herein are trademarks or registered trademarks of the Company. Any other trademarks, service marks, logos, trade names, and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

7. Payments and Refunds

• 7.1 Free Services: As of the date of these Terms, the Company does not offer any paid features or subscriptions. The Company reserves the right to introduce paid services in the future, subject to separate terms and conditions.
• 7.2 Refund Policy: In the event paid services are introduced, users may request a refund within three (3) days of purchase, subject to the Company's refund policy, which may be updated from time to time.

8. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO YOUR USE OF, OR INABILITY TO USE, THE SERVICES.

9. Governing Law and Dispute Resolution

• 9.1 Governing Law: These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of Ukraine, without regard to its conflict of law principles.
• 9.2 Dispute Resolution: Any dispute arising out of or in connection with these Terms or the Services shall first be attempted to be resolved through good faith negotiations between the parties. If the dispute cannot be resolved through negotiations, it shall be submitted to the exclusive jurisdiction of the courts of Ukraine.

10. Miscellaneous Provisions

• 10.1 Amendments: The Company reserves the right, at its sole discretion, to modify or replace these Terms at any time. The Company will provide notice of any material changes to these Terms. Your continued use of the Services after any such changes constitutes your acceptance of the new Terms.
• 10.2 Severability: If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law, and the remaining provisions will continue in full force and effect.
• 10.3 Entire Agreement: These Terms constitute the entire agreement between you and the Company regarding the Services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of these Terms.
• 10.4 Contact Information: For any questions or concerns regarding these Terms, please contact the Company at support@fusion-app.xyz.

BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE, UNDERSTAND THEM, AND AGREE TO BE BOUND BY THEM. IF YOU DO NOT AGREE TO ANY OF THESE TERMS, YOU ARE PROHIBITED FROM USING OR ACCESSING THE SERVICES.