Last Updated: 02.03.2024

Welcome to Fungies Marketplace operated by

Fungies Inc.

5101 Santa Monica Blvd, Suite 8 PMB 172

Los Angeles, California, 90029,

United States

EIN: 92-0927516

an online platform dedicated to the sale of digital games and in-game items for various platforms including Steam and Mobile games. These Terms of Service ("Terms") govern your use of our website, services, and products.

These Terms and Conditions, together with the Privacy Notice and any other documentation related to the Platform, are designed to provide information about Fungies INC, set forth the rules for acceptable behavior on the Platform, and establish basic guidelines for interactions between users and vendors through the Platform. The Platform serves as an online venue that offers video game enthusiasts a secure environment to connect and acquire a variety of gaming-related content, provided by participating vendors. It's important to understand that the Platform functions not as an online store but as an online gathering place, where transactions occur directly between users and vendors, without Fungies INC directly engaging in the selling or purchasing of digital content, except as explicitly stated otherwise.For clarification:Transactions conducted through the Platform are between the users themselves, or between users and vendors, with Fungies INC offering secondary services related to the maintenance of the Platform and ensuring a smooth and safe experience for both parties;

These Terms and Conditions define the contractual relationships between Fungies INC and its users, and between Fungies INC and its vendors, in regards to the administration of the Platform;The interactions between users, or between users and vendors, are not governed by these Terms and Conditions;The terms for making and receiving payments through the Platform are not covered here. Note that Fungies INC employs Stripe payment services for transactions between users, or between users and vendors, which are subject to the Stripe Terms of Service and Privacy Policy;Specifically, these Terms and Conditions do not set the terms for individual transactions, such as purchase price, content and quality of digital content, or the safety, warranty, and liability related to the sale of digital content through the Platform. Fungies INC does not verify the accuracy of information provided by users and vendors.

However, Fungies INC reserves the right to establish general guidelines for selling and buying digital content on the Platform to maintain its brand, ensure the smooth operation of the Platform, and prevent unfair practices and illegal activities.Definitions and applicability of these Terms and Conditions, account creation and management, service fees, transactions between users and vendors, the role of Fungies INC, and provisions for dispute resolution, among other aspects, are detailed further in the document. This includes the right of Fungies INC to amend these Terms and Conditions at its discretion and the communication methods between Fungies INC, users, and vendors.

Annex 1 outlines specific terms and conditions applicable to vendors selling to users in the United States, establishing Fungies US's role in facilitating transactions in this territory, including acting as a merchant of record and handling aspects like sales tax and refunds.This document is comprehensive and sets the framework for the operation of the Platform, detailing the rights, responsibilities, and expectations of all parties involved.

Account – an account providing the user or the vendor access to services offered on the Platform, along with all associated benefits.

Digital Content – digital content including an activation code, which can be utilized after activation on the user’s computer platform or other digital content available for purchase by vendors on the Platform.

Fungies INC – the online service available at www.market.fungies.io and/or through its app.

Privacy Notice – regulations setting forth the processes for personal data and privacy protection enforced by Fungies INC.

Sales Contract – any agreement between the user and the vendor that requires the vendor to provide access to the Digital Content to the user in exchange for payment. Service – any of the services provided by Fungies INC as outlined in these Terms and Conditions.

Terms and Conditions – the rules defining the rights and responsibilities of users, vendors, and Fungies INC, as well as the terms under which the Platform is used. User – an individual engaging with these Terms and Conditions for purposes outside of their trade, business, craft, or profession (i.e., as a consumer), who has registered an account on the Platform and/or intends to acquire Digital Content using services provided by Fungies INC.

Vendor – a business entity of any form selling Digital Content to users through the Platform.Applicability of these Terms and Conditions Users and vendors agree to and accept these Terms and Conditions, including the Privacy Notice, in full and without reservations, which is a prerequisite for accessing services. These Terms and Conditions also apply to any anonymous users who access the Platform; by doing so, they accept these Terms and Conditions, the Privacy Notice, and any other documentation associated with the Platform. Users barred from using the Platform due to legal restrictions in their state or region, including their residence or service usage location, should not use the Platform. Each user must confirm they are at least 16 years old or of legal age in their country to enter contracts and are fully authorized to undertake legal actions. Similarly, each vendor must acknowledge they are a business entity agreeing to these Terms and Conditions and capable of entering sales contracts with users for selling Digital Content.

Fungies INC reserves the right to amend these Terms and Conditions at any time, introducing new provisions or withdrawing existing ones unilaterally. Users and vendors are bound by any changes to these Terms and Conditions once they are announced on the Platform and come into effect 10 days post-announcement, unless stated otherwise.

Vendors will be notified of any changes affecting their relationship with Fungies INC at least 15 days prior to the changes taking effect. Vendors may terminate their agreement with Fungies INC upon receiving such notice by contacting the provided email. Continuing to use the Platform after this period implies acceptance of the changes.Users and vendors may have separate agreements with Fungies INC.

In the event of a conflict between these Terms and Conditions and any additional agreements, the terms of the additional agreements take precedence unless stated otherwise.Fungies INC communicates with users and vendors electronically, via email, the Platform’s account system, or other communication channels, for sending agreements, notices, disclosures, and other communications, which satisfy legal requirements for written communication.

• Service Fees Unless specifically stated otherwise, Fungies INC collects a commission and any other potential fees from the prices set by the vendor for each transaction. When creating an auction, vendors are provided with comprehensive information on the commissions and fees applicable to them for listing an auction on the Platform. Using the Platform, creating an account, and purchasing Digital Content through the Platform are free of charge for users.

• Fungies INC’s commission is derived from the sales price of Digital Content as determined by the vendor. However, users may incur charges for additional services obtained from Fungies INC via the Platform. Fungies INC may include Value Added Tax (VAT) in the fees for such additional services, calculated according to the rate applicable in the user’s place of residence within the European Union, in alignment with VAT obligations under Community Law, specifically Article 58 of Council’s Directive 2006/112/EC and the Implementing Regulations Nos. 282/2011 and 1042/2013.Users and vendors bear the sole responsibility for paying all fees and taxes associated with their use of services on the Platform. This includes all taxes, fees, or other amounts due under contracts made through the Platform.

• Fungies INC is not responsible for the settlement of such fees and taxes. Should a payment method fail or an invoice become overdue, Fungies INC reserves the right to require payment through an alternative payment method, including any additional costs associated with such a method.When Fungies INC offers services to anyone identified as an entrepreneur, that individual acknowledges and agrees to manage any Goods and Services Tax (GST), VAT, Sales Tax, or any similar tax through the appropriate reverse charge mechanism.

• Individuals desiring full access to the services provided on the Platform must register and create an Account. However, an Account is not required to purchase Digital Content through the Platform. Registration involves completing a form on the Platform with required details such as username, email address, password, and other pertinent information.

• Completion of registration necessitates acceptance of the Terms and Conditions, Privacy Notice, and any other documentation associated with the Platform. Failure to supply any information deemed necessary by Fungies INC for verifying a new user may result in refusal of registration or suspension/termination of an already established Account.Users are required to disclose their residence location.

• Fungies INC may employ tools to verify the location of a user’s network device to confirm the country of origin for registration purposes. Should there be a discrepancy between the user's declared residence and the verification results, Fungies INC reserves the right to refuse account setup or suspend/terminate the account. Users are entitled to create only one account unless otherwise agreed upon. VPN use during Platform access is prohibited without express permission.

• Fungies INC may conduct KYC procedures periodically, requesting identification documents and other pertinent information from Users and Vendors to verify identities and activities on the Platform. This may include identification for Users and documentation verifying a Vendor’s legal status, address, representative authorization, VAT number, etc. Inability to provide requested documents within a designated timeframe can lead to registration denial or account suspension/termination.Upon successful registration, Users gain full access to Platform functionalities. Registering signifies that the individual has read, understood, and accepted the Terms and Conditions, Privacy Notice, and any other relevant documentation, consenting to the processing of personal data provided to Fungies INC during registration. Non-registered individuals using the Platform functionalities are also considered to have accepted these documents.

• Fungies INC may suspend account usage if deemed a high risk to others, reinstating access once the risk is mitigated. Account termination rights are reserved for cases of legal or terms violation. Fungies INC may also limit or suspend service access due to modernization needs or technical issues.Users must secure their account login details, as sharing them could harm Fungies INC or others, with the user responsible for any resultant damages. Accounts, provided free of charge, enable access to services from anywhere via the internet. However, service availability may vary by country or region without guarantee from Fungies INC, which reserves the right to adjust access levels for different users.

• Vendors intending to sell through the Platform must submit a registration form along with required documents. Fungies INC reserves the right to suspend or terminate a Vendor’s Account for any violations. Additionally, accounts may be terminated if it’s found that listed Digital Content infringes on intellectual property rights or has been previously used.Users and Vendors are prohibited from using others' accounts or sharing their own, except for Vendors who may authorize employees or representatives. Fungies INC disclaims liability for any issues arising from account sharing. All parties are obliged to maintain updated registration information and notify Fungies INC of any changes.

• In accordance with these Terms and Conditions, Fungies INC grants Users a limited, non-exclusive, non-transferable, non-sublicensable license to access and make personal and non-commercial use of the Services provided by Fungies INC. This license is strictly limited to the functionalities of the Platform and does not extend to any licenses for Digital Content (including game activation codes offered by Vendors on the Platform).

• It's clear that any licenses to Digital Content can only be granted at the discretion of their owners or other authorized entities.Users must not misuse Fungies INC Services and are expected to use them solely as permitted by law and these Terms and Conditions.

• Misuse of Services can negatively impact Fungies INC or third parties, and users responsible for such misuse will be accountable for remedying any damages caused.All rights not explicitly granted to Users in these Terms and Conditions remain reserved and retained by Fungies INC or their respective owners, licensors, suppliers, publishers, or other authorized entities.Intellectual property present on the Platform, such as texts, graphics, interactive features, logos, photos, files, and software, excluding those uploaded or made available by Users and Vendors, as well as the organization and compilation of such materials, are the intellectual property of Fungies INC.

• These assets are protected by copyright, trademark, patents, industrial design rights, and other legal provisions, including international treaties. All related rights are reserved for Fungies INC, and any trademarks or trade names are the property of Fungies INC.Without explicit written consent from Fungies INC, Users and Vendors are prohibited from duplicating, copying, downloading, distributing, selling, or reselling any services, information, or materials obtained from or through the Platform.

• Systematic retrieval of content from the Platform to create or compile, directly or indirectly, any collection, compilation, database, or directory without written permission from Fungies INC is forbidden. Use of Platform content for any purposes not explicitly permitted in the Terms and Conditions is strictly prohibited.By utilizing the Platform, each User agrees to adhere to the Terms and Conditions and the Privacy Notice, ensuring the protection of their personal data shared through the Platform.

• Fungies INC may provide Users with hyperlinks to content, products, or services offered by third parties, leading to external websites. Fungies INC is not responsible for the accuracy or reliability of information provided by these third parties and recommends reviewing their terms and policies. Users acknowledge that Fungies INC has no control over the actions of these external providers.

• Users and Vendors expressly agree not to:Publish or disseminate any harmful, inaccurate, or unlawful information;Upload information that violates laws, agreements, or third-party rights, including copyrighted material or personal data;

• Impersonate others or access accounts not their own;Attempt to compromise the security or integrity of the Platform;

• Use the Platform for illegal purposes or in violation of copyright, intellectual property rights, and other legal protections;

• Interfere with or disrupt the Platform's operation or access by others;Engage in transactions with funds from illegal or undisclosed sources.

• By sharing their materials on the Platform, Users and Vendors grant Fungies INC a permanent, irrevocable, and royalty-free license to use such materials in any way that benefits the operation of Fungies INC. This includes the right to display, transmit, distribute, reproduce, modify, and create derivative works. Users and Vendors confirm they have the necessary rights to grant this license.Vendors are explicitly forbidden from listing and selling any Digital Content that violates applicable laws, third-party rights, including copyright, or these Terms and Conditions.

• Fungies INC, as the administrator of the Platform, offers Vendors who meet certain criteria the opportunity to sell Digital Content to Users through the Platform.

• Vendors set the prices for the Digital Content they wish to sell. Unless specifically stated otherwise and as detailed in Sections 4.1-4.2, Fungies INC collects commissions and any possible fees from such prices. It's understood that Fungies INC and individual Vendors may enter into additional agreements regarding commissions and fees as outlined above.

• When Vendors list Digital Content on the Platform, they instruct Fungies INC to post an invitation on the Platform for Users interested in purchasing Digital Content at the Vendor’s set price. This does not constitute a sales offer in the legal sense. Vendors can adjust their prices unless Users have shown interest in purchasing. Vendors agree to make product prices and descriptions publicly available to all Platform users.

• For listing Digital Content, Vendors submit product information to Fungies INC for review and finalization to ensure consistency with the Platform's listing standards. Vendors commit to providing accurate and complete information. Fungies INC is not responsible for inaccuracies in product descriptions resulting from incorrect information supplied by Vendors. Vendors authorize Fungies INC to use the provided information, including modifications and translations, without charge.

• Users acknowledge that expressing interest in purchasing Digital Content might entail a payment obligation, provided the Vendor agrees to proceed with the sale. Users should be aware that Vendors have the right to withdraw from a Sales Contract based on their delivery and payment authorization preferences.Fungies INC does not oversee the delivery of Digital Content sold by Vendors nor authorize payments for Digital Content delivered through the Platform by Vendors.

• Fungies INC facilitates the payment process between Users and Vendors using specific payment channels available on the Platform. Payments made outside the Fungies INC ecosystem are the User’s responsibility to secure. For payments within the ecosystem, Vendors permit Fungies INC to deduct commissions and fees and transfer the remainder to the Vendor’s bank account.Fungies INC supports the amicable resolution of disputes between Users and Vendors through a dispute resolution mechanism provided on the Platform.

• While Fungies INC may act as an intermediary, the authority to resolve disputes remains with the Vendors. Dissatisfied Users may pursue claims against the Vendor through legal means if necessary.Entering contracts on the Platform comes with the risk of encountering deceitful individuals.

• Fungies INC employs reasonable measures to verify the authenticity of information from Users and Vendors to ensure their suitability for the Platform. Users and Vendors must also exercise due diligence in assessing potential business transactions and relationships.Users and Vendors are solely responsible for adhering to the terms and conditions of transactions facilitated by the Platform, including payment terms, warranty, returns, and delivery, among others. The Sales Contract between a User and a Vendor is considered valid once access to the Digital Content and the charge to the User are authorized by the Vendor. All related actions, rights, and obligations are governed by relevant laws or agreements between Users and Vendors.

• Fungies INC commits to assisting Users and Vendors with any service-related inquiries, communicating through the Platform’s help center, email, or other agreed-upon channels. Fungies INC also provides technical support for any issues related to account functionality or the Platform.

• Sale of Digital Content via the Platform may necessitate Vendors to document such sales with appropriate bills (Transaction Documentation). Fungies INC, possessing the necessary technical resources to issue such Transaction Documentation, is hereby authorized by Vendors to issue it in their name and on their behalf for sales conducted through the Platform. Vendors have the option to decline this service by contacting Fungies INC directly.

• Vendors commit to providing Fungies INC with all necessary information for the preparation of such Transaction Documentation. They acknowledge that this documentation will be made available to Users who purchase Digital Content from them.Although Fungies INC takes care in issuing Transaction Documentation, it does not guarantee that such documentation complies with all applicable laws and regulations. It remains the sole responsibility of each Vendor to ensure their Transaction Documentation adheres to relevant laws.

• The Transaction Documentation service offered by Fungies INC is provided "as is," and Vendors acknowledge that Fungies INC makes no warranties, either expressed or implied, regarding the accuracy or compliance of the service.Vendors agree to defend, indemnify, and hold harmless Fungies INC, its affiliates, and their respective directors, officers, employees, agents, and licensees from any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising from any action or inaction by the Vendor or their representatives that results from the provision of Transaction Documentation services. This indemnification obligation will continue even after these Terms and Conditions terminate.Should there be any issues with the Transaction Documentation, the Vendor's sole remedy will be the correction of such errors or defects.Invoicing Users are entitled to request invoices from Vendors for Digital Content purchased through the Platform.

• Vendors are obligated by law to issue and deliver these invoices promptly, within the timeframe stipulated by applicable laws.Vendors recognize their obligation to issue invoices for Digital Content sales to Users, as required by law. These invoices may be provided to Users by uploading them onto the Platform.Vendors are aware that Fungies INC is not responsible for issuing or delivering invoices related to the sale of Digital Content as per applicable laws. Vendors agree to defend, indemnify, and hold harmless Fungies INC, its affiliates, and their directors, officers, employees, agents, and licensees against any claims or expenses arising from their failure or improper execution of invoicing obligations. This indemnification responsibility persists beyond the termination of these Terms and Conditions.

By accepting these Terms and Conditions, and by offering any Digital Content for sale on the Platform, each Vendor confirms and guarantees that:

They possess full capacity and rights to agree to these Terms and Conditions and any related documentation, to grant licenses and authorizations, and to undertake the obligations detailed herein.The Digital Content they provide is legally acquired from legitimate sources, is devoid of defects, free from any third-party claims, and the Vendor holds all necessary licenses, rights, permits, and consents for their use, distribution, posting, publication, and sale, including online sales.

Their Digital Content does not infringe on any third-party rights, including but not limited to copyrights, trademarks, patents, trade secrets, privacy, or any other intellectual property rights.They commit to using the Platform and its Services in accordance with these Terms and Conditions, applicable laws, and best practices.They will not partake in activities harmful to the Fungies INC brand, negatively impact the Platform, or the Digital Content sold through the Platform.

They will avoid using the Platform for money laundering or any activities that might suggest the Platform is being used for such purposes.They will not resell Digital Content obtained for free or at a discount for charity events or support of such events through the Platform.

They will not utilize VPN connections while using the Platform unless specifically allowed on a case-by-case basis.

They will not list or sell Digital Content on the Platform that could directly or indirectly involve illegal content or services.Each Vendor acknowledges that they: Are the seller and supplier of the Digital Content, which will be clearly outlined in their agreements with Users, including invoices, bills, or sales receipts.

Will establish the general terms and conditions for the sales made to Users.Will be responsible for authorizing charges to Users and the delivery of Digital Content.

Are solely responsible for fulfilling VAT, GST, Sales Tax, or any similar tax obligations in compliance with applicable laws from the sales of Digital Content to Users via the Platform.If a Vendor acts as a representative of a legal entity, they confirm they have the necessary authorization from their principal to act in a representative capacity and to publish necessary contact details for business conduct.

Vendors must supply information or documents regarding their business, company, or Digital Content upon Fungies INC's first request. Vendors are responsible for ensuring:All information and documents provided during registration or subsequent use of the Platform are true, complete, and accurate.

Immediate notification of any changes to their documentation to maintain their accuracy and completeness.Vendors agree to offer all necessary information, materials, permissions, and reasonable support to Fungies INC, especially if the Vendor has breached the Terms and Conditions or a complaint has been lodged against them. Failure to comply resulting in service delays or denials will not obligate Fungies INC to extend service terms or be liable for any related damages.Vendors acknowledge their obligation to comply with all laws and regulations applicable to their operations, transactions, and interactions with Users.

Unless explicitly permitted by Fungies INC, Vendors agree to use the Platform solely for selling digital products, which means the products will be downloadable by Users and not delivered on physical media.Regarding post-sale communications, Vendors commit to:Addressing all post-sale issues using the Platform's indicated functionalities.Engaging in fair practices to resolve issues actively and avoiding unnecessary delays in responses.

Refraining from posting, promoting, or transmitting any illegal, harassing, libelous, or objectionable material.Not misleading Users or posting false information.Not attributing Fungies INC as responsible for resolving post-sales issues, except in cases of Platform service malfunctions.Fungies INC reserves the right to take actions against any Vendor found in breach of these stipulations, including restricting Platform services. Fungies INC acts as an intermediary and is not accountable for the content exchanged between Users and Vendors.

• Fungies INC's liability is excluded in relation to:

• Actions by Users or Vendors beyond Fungies INC's control that result in damage, such as violating the Terms and Conditions, Privacy Notice, applicable laws, unauthorized account access, or other similar actions;Adverse effects stemming from accessing, using, or the inability to use the Platform due to factors outside Fungies INC's control;

• Measures taken by Fungies INC concerning Users or Vendors in response to breaches of these Terms and Conditions or applicable laws, including account suspension or termination and limiting Platform functionality;

• Unauthorized access to data and information by third parties that could not be preemptively identified, provided Fungies INC has taken all reasonable measures to mitigate such risks;Negative outcomes from viruses, trojan horses, etc., introduced to the Platform by third parties, although Fungies INC commits to implementing reasonable measures to eliminate such threats;

• Legal violations or infringements of third-party rights by Users and Vendors, particularly regarding damages to third parties caused by copyright, industrial property rights infringements, or any claims related to the distribution of Digital Content;Incomplete transactions due to technical issues with proposed payment methods on the Platform;

• Digital Content purchased but not functioning as expected;

• False or misleading statements, information, or data provided by Users or Vendors concerning the Terms and Conditions, Privacy Notice, or other Platform documentation;Any damage resulting from the non-fulfillment or improper execution of the Terms and Conditions, Privacy Notice, or any other Platform obligations by Users and Vendors.

• Fungies INC cannot guarantee that Users and Vendors are fully capable of executing Sale Contracts made on the Platform, leaving them solely responsible for the fulfillment of these agreements.Fungies INC disclaims all warranties related to the services and Digital Content provided on the Platform, including condition, quality, functioning, and suitability, offering everything on an AS IS, available, and with all defects basis, except where consumer rights laws dictate otherwise.

• Fungies INC's total liability towards Vendors is capped at EUR 300, requiring Vendors to substantiate any claimed damages to seek compensation. Claims against Fungies INC must be made within 20 days from the occurrence of the issue. This limitation on liability also applies in jurisdictions that allow for consumer liability limitation.Vendors and selling Users must indemnify, defend, and hold harmless Fungies INC and its affiliates from any claims arising from breaches of these Terms and Conditions, violations of laws, infringement of third-party rights, or any related actions, irrespective of Fungies INC's negligence or the merit of the claim.Vendors and selling Users are required to notify Fungies INC of any claims and cooperate fully in their defense.

• Settlement of such claims without Fungies INC's consent is not permitted.Fungies INC reserves the right to offset any funds held on behalf of Vendors or selling Users as deemed necessary.Post-termination of these Terms and Conditions, Vendors and selling Users remain liable for all indemnification obligations and any outstanding dues under these Terms and Conditions, unaffected by any liability limitations mentioned elsewhere in the document.

• Fungies INC will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms and Conditions that is caused by an Event Outside Fungies INC Control. An Event Outside Fungies INC Control is defined as follows:

• An Event Outside Fungies INC Control includes any act or event beyond Fungies INC's reasonable control, such as strikes, lock-outs, or other industrial actions by third parties, civil unrest, riots, invasions, terrorist attacks or threats of terrorist attack, wars (declared or not), threats of war, fires, explosions, storms, floods, earthquakes, subsidence, epidemics, or other natural disasters, or failures of public or private telecommunications networks, or the impossibility of using railways, shipping, aircraft, motor transport, or other means of public or private transport.

• If an Event Outside Fungies INC Control occurs that affects the ability of Fungies INC to meet its obligations under these Terms and Conditions:

• Fungies INC will promptly notify affected Users and Vendors of the situation; andThe obligations of Fungies INC under these Terms and Conditions will be suspended, and the time frame for Fungies INC to meet its obligations will be extended for the duration of the Event Outside Fungies INC Control.

• If Users or Vendors have experienced any violation of their rights caused by Fungies INC Services as outlined in the Terms and Conditions and/or Privacy Notice, they are entitled to file a complaint. Complaints should be directed to Fungies INC via the Platform's help center or the email address specified in Section 14.8.

• Fungies INC is committed to addressing all complaints within 14 (fourteen) days of receipt.Should a User have concerns about Digital Content purchased in accordance with the provisions of above sections, they may raise a complaint directly with the Vendor through the help center functionality available on the Platform. In such instances, Fungies INC facilitates the initiation of the complaint process and communication between the parties involved but does not adjudicate the complaint itself.

• If a User wishes to return Digital Content that has not been reviewed on the Platform, this may be possible provided that the Vendor has granted a right of return for the purchased Digital Content. It is the responsibility of Vendors to clearly state in their terms of sale whether such a right is granted for specific Digital Content or Users.Users are also entitled to lodge complaints regarding services provided by Fungies INC with the State Consumer Rights Protection Authority, or to submit a request form on the ODR platform, accessible at http://ec.europa.eu/odr/.In all communications with Fungies INC or other Users, each User is expected to avoid obscene, immoral, aggressive language, insults, vulgarities, threats, or any other form of inappropriate language.

• Users and Vendors can terminate their agreement with Fungies INC by removing their Account from the Platform. This is done by submitting a removal request through their Account's system. Fungies INC will delete the Account within 7 (seven) days following the submission of the request. During this timeframe, the respective User or Vendor may cancel the account removal process.While the agreement termination process is underway, neither the User nor the Vendor is permitted to create a new Account on the Platform.Fungies INC reserves the right to terminate such agreements by deleting a User’s or Vendor’s Account or blocking access to the Platform.

• Access may be blocked in cases of suspected illegal activities and will remain restricted until the situation is resolved or the concerning issues are addressed. Fungies INC will terminate a User’s or Vendor’s Account if there are severe breaches of the Terms and Conditions, Privacy Notice, laws, or any other relevant documents.

• Fungies INC may also temporarily restrict or suspend a User’s or Vendor’s Account access if the security of the account is compromised or if there are significant violations of this agreement or the law. Such measures taken by Fungies INC will not infringe upon consumer rights.

• Additionally, Fungies INC may temporarily restrict or suspend a Vendor’s Account access under the following circumstances:

• There is a reasonable suspicion of the Vendor engaging in fraudulent or unlawful activities.The Vendor has breached the Terms and Conditions, Privacy Notice, laws, or any other pertinent documents.

• The Vendor refuses to cooperate with Fungies INC or to comply with lawful requests from Fungies INC, including but not limited to providing requested transparency documentation.

• The Vendor’s actions have compromised the integrity of the Platform or the Fungies INC brand, especially through the provision of low-quality (used, stolen, or non-functional) Digital Content.Fungies INC may terminate a Vendor’s account in cases where:There is a reasonable suspicion of the Vendor engaging in fraudulent or unlawful activities.

• The Vendor has grossly violated the Terms and Conditions, Privacy Notice, laws, or other relevant documents.

• The Vendor repeatedly refuses to cooperate with Fungies INC or to follow lawful requests from Fungies INC, including but not limited to providing requested transparency documentation.

• The Vendor’s actions have consistently compromised the integrity of the Platform or the Fungies INC brand, particularly through the repeated provision of low-quality Digital Content.Before terminating a Vendor’s Account, Fungies INC will provide a 30-day notice via email detailing the reasons for termination.

• The Vendor will have 30 days to respond with reasons or evidence as to why their Account should not be terminated. Following this period, unless otherwise communicated by Fungies INC, the Account will be terminated. Fungies INC reserves the right to suspend the Vendor’s account during this notice period.

• Fungies INC reserves the right to participate as a Vendor on the Platform, either directly or through its affiliated companies. In such instances, Fungies INC or its affiliates may receive different treatment compared to other Vendors, which could include access to additional Platform or User data, a distinct commission and pricing structure, and/or unique technical interfaces on the Platform.The Privacy Notice and any other documentation related to the Platform are integral parts of these Terms and Conditions and are binding for all Users and Vendors.

• Without explicit permission from Fungies INC, Users are not authorized to transfer their obligations, claims, or rights to any third parties. Users acknowledge that Fungies INC has the authority to transfer its rights and obligations under the agreements to third parties, with such transfers being communicated on the Platform.Should any part of these Terms and Conditions be deemed illegal, invalid, or unenforceable by a court or arbitration tribunal, the remaining provisions will continue to be in full effect. Any Terms and Conditions found to be partially illegal, invalid, or unenforceable will remain valid to the extent that they are not affected by such rulings.The governing law and jurisdiction for these Terms and Conditions, including matters of execution, validity, and dispute resolution, shall be in accordance with the laws of the Republic of Lithuania, unless consumer protection laws applicable to the User dictate otherwise.

• Disputes arising under these Terms and Conditions are to be resolved in the courts of the Republic of Lithuania, subject to jurisdictional rules, unless consumer laws specify otherwise.

• Any delay by Fungies INC or Users in exercising rights or fulfilling obligations under these Terms and Conditions does not waive those rights or excuse the obligations. This includes partial performance of obligations or exercise of rights, indicating neither an exemption from fulfilling the obligations nor a restriction on future rights exercise.Fungies INC may use all data and information stored on the Platform for its operational purposes.

• For support, Users and Vendors are advised to contact Fungies INC via the email address [email protected].

• Legal requirements in different countries may affect the availability of certain services on the Platform for some Users or Vendors.

• Where permitted by local laws, Users and Vendors understand and agree that not all information on the Platform or communicated by Fungies INC may be available in their local language, consenting instead to receive information in English or another supported language.Should the Terms and Conditions be translated into other languages and discrepancies arise between the English version and such translations, the English version takes precedence, except where legal requirements in a specific jurisdiction dictate otherwise.

• Fungies INC reserves the right to participate as a Vendor on the Platform, either directly or through its affiliated companies. In such instances, Fungies INC or its affiliates may receive different treatment compared to other Vendors, which could include access to additional Platform or User data, a distinct commission and pricing structure, and/or unique technical interfaces on the Platform.The Privacy Notice and any other documentation related to the Platform are integral parts of these Terms and Conditions and are binding for all Users and Vendors.

• Without explicit permission from Fungies INC, Users are not authorized to transfer their obligations, claims, or rights to any third parties. Users acknowledge that Fungies INC has the authority to transfer its rights and obligations under the agreements to third parties, with such transfers being communicated on the Platform.Should any part of these Terms and Conditions be deemed illegal, invalid, or unenforceable by a court or arbitration tribunal, the remaining provisions will continue to be in full effect. Any Terms and Conditions found to be partially illegal, invalid, or unenforceable will remain valid to the extent that they are not affected by such rulings.The governing law and jurisdiction for these Terms and Conditions, including matters of execution, validity, and dispute resolution, shall be in accordance with the laws of the Republic of Lithuania, unless consumer protection laws applicable to the User dictate otherwise.

• Disputes arising under these Terms and Conditions are to be resolved in the courts of the Republic of Lithuania, subject to jurisdictional rules, unless consumer laws specify otherwise.

• Any delay by Fungies INC or Users in exercising rights or fulfilling obligations under these Terms and Conditions does not waive those rights or excuse the obligations. This includes partial performance of obligations or exercise of rights, indicating neither an exemption from fulfilling the obligations nor a restriction on future rights exercise.Fungies INC may use all data and information stored on the Platform for its operational purposes.

• For support, Users and Vendors are advised to contact Fungies INC via the email address [email protected].

• Legal requirements in different countries may affect the availability of certain services on the Platform for some Users or Vendors.

• Where permitted by local laws, Users and Vendors understand and agree that not all information on the Platform or communicated by Fungies INC may be available in their local language, consenting instead to receive information in English or another supported language.Should the Terms and Conditions be translated into other languages and discrepancies arise between the English version and such translations, the English version takes precedence, except where legal requirements in a specific jurisdiction dictate otherwise.