MFUN TECHNOLOGY PTE LTD AND ITS SUBSIDARIES (collectively known as “Mfun”) TERMS OF SERVICE

Introductions

Thank you for your interest in Mfun (“Mfun”, “we”, “us” or “our”)!

Please take some time to read these Terms of Service [collectively with Mfun Investments Pte Ltd’s (“Mfun”) Privacy Policy, the “Terms of Service”] fully and carefully before using our Mfun mobile application (the “Application”) and its services, features, and content, which, together with the content of the Application and the features therein, we will be collectively referring to as the “Services”. These Terms of Service set forth the legally binding terms and conditions for your use of the Application and the Services.

In order to use the Services, you must be 18 years of age or older. These Terms of Service apply to all users of the Services (“User” or “Users”), including, without limitation, Users who are contributors of content, information, and other materials or services, registered or otherwise.

Acceptance of Terms of Service

By registering for and/or using the Services in any manner, including downloading the Application, you agree to these Terms of Service and all other operating rules, policies, and procedures published by Mfun from time to time and without prior notice to you.

Eligibility

You represent and warrant that you are at least 18 years of age. We may, in our sole discretion, refuse to offer the Services to any User at any time. You are solely responsible for ensuring that these Terms of Service are in compliance with all laws, rules and regulations applicable to you and the right to access the Services is revoked where these Terms of Service or use of the Services is prohibited or to the extent offering, sale or provision of the Services conflicts with any applicable law, rule or regulation. Further, the Services are offered only for your use, and not for the use or benefit of any third party.

Registration

To sign up for the Services, you may be required to register for an account on the Services (an “Account”). You must provide accurate and complete information and keep your Account information updated. Examples of instances where we reserve the right to withdraw or terminate your use of the Services would include : (i) selecting or using as a username a name of another person with the intent to impersonate that person; (ii) using as a username a name subject to any rights of a person other than you without appropriate authorization; or (iii) using, as a username, a name that is otherwise offensive, vulgar or obscene.

You are solely responsible for the activity that occurs on your Account, and for keeping your Account password secure. You may never use another person’s User account or registration information for the Services. You must notify us immediately of any change in your eligibility to use the Services, breach of security or unauthorized use of your Account. You should never publish, distribute or post login information for your Account.

By registering for, or otherwise connecting to the Services with a third-party service (e.g., Facebook), you give us permission to access and use information, content and/or material you have supplied to that service as permitted by that third-party service.

Virtual Item

Mfun offers a feature allowing users to use Mfun token within the Service. You acknowledge and agree that the utilisation of the Mfun token, is made solely at your own discretion; you further understand that once you have confirmed, the action cannot be undone and the token cannot be refunded.

Mfun token is available for purchase. By your use of the Service, you confirm your understanding of and accept the Mfun token sales agreement terms and conditions at the time of your purchase.

Any Rewards or Gifts that are gifted to Users (or received by you) within the Service are converted to “Mfun Token” in the receiving Users’ User Account. By accepting the Mfun token, you confirm your acceptance of the terms and conditions.

Mfun Token is referred to as “Virtual Item”

Your use of the virtual item shall be solely for legitimate purposes within the Service, and must comply with all applicable laws at all times (i.e. no exchanging of virtual item for any activity, product, conduct or services deemed unauthorized by these Terms of Use).

You will not be able to sell Virtual Item in exchange for virtual or real currency credited back to your User Account, nor will you be able to receive a refund (“Refund”) of virtual or real currency for Virtual Item (including any virtual currency), including if your access to the Service has been suspended, limited or terminated pursuant to these Terms.

You understand that the purchase of Mfun Token requires monies. If you disagree with any part of, or do not fully understand our policy, please refrain from purchasing or using any Mfun Token in connection with the Service.

You shall be responsible for the payment of your own taxes in accordance with applicable laws. Mfun maintains the right to deduct or withhold any applicable taxes payable from amounts due from Mfun (including but not limited to withholding tax and GST), and such amounts due, as reduced by such deductions or withholdings, will constitute full payment of the transaction.

We encourage user to stay active in our platform. When your accounts become inactive i.e no activity for 180 days, Mfun will terminate your accounts accordingly.

Mfun reserves the right to amend and update the terms and conditions from time to time without prior notice.

Confiscation of Virtual Items Due to Termination or Fraud

If we terminate your account due to inactive usage or fraud, any outstanding Virtual Item remaining in your account will be confiscated. No future claim can be made against Mfun.

Notices and restrictions

The Services may contain Content specifically provided by us, our partners or our Users and such Content is protected by copyrights, trademarks, service marks, patents, trade secrets or other proprietary rights and laws. You shall abide by and maintain all copyright notices, information, and restrictions contained in any Content accessed through the Services.

Use license

Subject to these Terms of Service, we grant each registered User of the Services a worldwide, non- exclusive, non-sublicensable, revocable, and non-transferable license to access and use the Services in the manner set forth herein, and to access Content we make available via the Services, solely for such User’s personal, non-commercial purposes and subject to any further usage restrictions we may indicate on the Services with respect to such Content. Use, reproduction, modification, distribution or storage of any Content for purposes other than using the Services is expressly prohibited without prior written permission from us. You shall not sell, license, rent, or otherwise use or exploit any Content for commercial use or in any way that violates any third party right.

Privacy policy

For details about our information practices, please read our privacy policy. This policy explains how we treat your personal information, and how we protect your privacy when you use the Services. You agree to the use of your data in accordance with our privacy policy.

Rules of Conduct

As a condition of use, you promise not to use the Services for any purpose that is prohibited by these Terms of Use. You are responsible for all of your activity in connection with the Services.

You shall not: (i) take any action that imposes or may impose (as determined by us in our sole discretion) an unreasonable or disproportionately large load on our (or our third party providers’) infrastructure; (ii) interfere or attempt to interfere with the proper working of the Services or any activities conducted on the Services; (iii) bypass, circumvent or attempt to bypass or circumvent any measures we may use to prevent or restrict access to the Services (or other accounts, computer systems or networks connected to the Services); (iv) run any form of auto-responder or “spam” on the Services; (v) use manual or automated software, devices, or other processes to “crawl” or “spider” any page of the Application; (vi) harvest or scrape any Content from the Services; or (vii) otherwise take any action in violation of our guidelines and policies.

You shall not (directly or indirectly): (i) decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Services (including without limitation any application), except to the limited extent applicable laws specifically prohibit such restriction, (ii) modify, translate, or otherwise create derivative works of any part of the Services, or (iii) copy, rent, lease, distribute, or otherwise transfer any of the rights that you receive hereunder except with our prior written consent. You shall abide by all applicable local, state, national and international laws and regulations.

We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to (i) satisfy any applicable law, regulation, legal process or governmental request, (ii) enforce these Terms of Service, including investigation of potential violations hereof, (iii) detect, prevent, or otherwise address fraud, security or technical issues, (iv) respond to User support requests, or (v) protect the rights, property or safety of us, our Users and the public.

Use of the application and services

To use the Application you must have a device that is compatible with the Application. We do not warrant that the Application will be compatible with your device. You may not: (i) modify, disassemble, decompile or reverse engineer the Application, except to the extent that such restriction is expressly prohibited by law; (ii) rent, lease, loan, resell, sublicense, distribute or otherwise transfer the Application to any third party or use the Application to provide time sharing or similar services for any third party; (iii) make any copies of the Application; (iv) remove, circumvent, disable, damage or otherwise interfere with security-related features of the Application, features that prevent or restrict use or copying of any content accessible through the Application, or features that enforce limitations on use of the Application; or (v) delete the copyright and other proprietary rights notices on the Application. You acknowledge that we may from time to time issue upgraded versions of the Application, and may automatically electronically upgrade the version of the Application that you are using on your mobile device. You consent to such automatic upgrading on your mobile device, and agree that the terms and conditions of this Terms of Service will apply to all such upgrades. Any third-party code that may be incorporated in the Application is covered by the applicable open source or third-party end user license agreement, if any, authorizing use of such code. The foregoing license grant is not a sale of the Application or any copy thereof, and we or our third party licensors or suppliers retain all right, title, and interest in and to the Application (and any copy of the Application). You agree to comply with all prevailing laws and regulations related to use of the Application and the Service. Standard carrier data charges may apply to your use of the Application. You may use the Application only through the Services on a supported device. You may access the Content only through the Application on a supported device. You agree not to break DRM (Digital Rights Management) on DRM-protected Content. Any attempt to access or transfer subscription Content in applications other than the Application will result in the termination of your Account.

Third party services

The Services may permit you to link to other mobile sites, services or resources on the Internet, and other mobile sites, services or resources may contain links to the Services. When you access third party resources on the Internet, you do so at your own risk. These other resources are not under our control, and you acknowledge that we are not responsible or liable for the content, functions, accuracy, legality, appropriateness or any other aspect of such websites or resources. The inclusion of any such link does not imply our endorsement or any association between us and their operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such website or resource.

Indemnification

You shall defend, indemnify, and hold harmless us, our affiliates and each of our and their respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to your use or misuse of, or access to, the Services, Content, or otherwise from your User Content, violation of these Terms of Service, or infringement by you, or any third party using your Account or identity in the Services, of any intellectual property or other right of any person or entity. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will assist and cooperate with us in asserting any available defenses.

Limitation of liability

YOU UNDERSTAND AND AGREE THAT YOU USE MFUN AND ITS RELATED SERVICES AT YOUR OWN RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" BASIS WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF TITLE, NON-INFRINGEMENT, OR IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OTHER THAN THOSE WARRANTIES WHICH ARE INCAPABLE OF EXCLUSION UNDER LAW.

YOU ACKNOWLEDGE THAT USE OF THE SERVICES IS AT YOUR OWN RISK. WE DO NOT REPRESENT OR ENDORSE THE ACCURACY OR RELIABILITY OF ANY USER PROFILE, ADVICE, OPINION, STATEMENT OR OTHER INFORMATION OR CONTENT DISPLAYED, UPLOADED OR DISTRIBUTED THROUGH THE SERVICES, OUR PARTNERS OR ANY USER OF THE SERVICES OR ANY OTHER PERSON OR ENTITY. YOU ACKNOWLEDGE THAT ANY RELIANCE UPON ANY SUCH OPINION, USER PROFILE, ADVICE, STATEMENT OR INFORMATION SHALL BE AT YOUR SOLE RISK.

YOU HEREBY ACKNOWLEDGE AND AGREE THAT, TO THE FULL EXTENT PERMITTED UNDER THE APPLICABLE LAW, NEITHER MFUN, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS AND THIRD PARTY CONTENT PROVIDERS OR LICENSORS WILL BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS WHATSOEVER CAUSED BY YOUR USE OR RELIANCE ON INFORMATION AND / OR CONTENT OBTAINED BY YOU VIA THE APPLICATION AND / OR THE SERVICES AS WELL AS ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OR INJURY ARISING OUT OF THE USE OR INABILITY TO USE THE APPLICATION AND / OR THE SERVICES OR OUT OF THE BREACH OF ANY WARRANTY, OR CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO AND/OR ALTERATION OF THE APPLICATIO AND / OR THE SERVICES, NO MATTER WHETHER SUCH CLAIMS ARE BASED IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER CAUSE OF ACTION, AND REGARDLESS OF WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing law and jurisdiction

These Terms of Service, and your relationship with us hereunder, shall be governed by and construed in accordance with the laws of the Republic of Singapore. You agree that any dispute arising from or relating to the subject matter of these Terms of Service shall be governed by the exclusive jurisdiction of the courts of the Republic of Singapore.

Modification

We reserve the right, in our sole discretion, to modify or replace any of these Terms of Service, or change, suspend, or discontinue the Services (including without limitation, the availability of any feature, database, or content) at any time. We may also impose limits on certain features and services or restrict your access to parts or all of the Services without notice or liability. While we will endeavour to provide notice of modifications, we are under no obligation to do so and it is your responsibility to check these Terms of Service periodically for changes. Your continued use of the Services following notification of any changes to these Terms of Service constitutes acceptance of those changes.

Miscellaneous

Entire agreement and severability

These Terms of Service are the entire agreement between you and us with respect to the Services, and supersede all prior or contemporaneous communications and proposals (whether oral, written or electronic) between you and us with respect to the Services. If any provision of these Terms of Service is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that these Terms of Service will otherwise remain in full force and effect and enforceable. The failure of either party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder.

Force majeure

We shall not be liable for any failure to perform our obligations hereunder where such failure results from any cause beyond our reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation.

Assignment

These Terms of Service are personal to you, and are not assignable, transferable or sublicensable by you except with our prior written consent. We may assign, transfer or delegate any of our rights and obligations hereunder without consent.

Agency

No agency, partnership, joint venture, or employment relationship is created as a result of these Terms of Service and neither party has any authority of any kind to bind the other in any respect.

Notices

Unless otherwise specified in these Term of Service, all notices under these Terms of Service will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or e-mail; or the day after it is sent, if sent for next day delivery by recognized overnight delivery service. Electronic notices should be sent to info@mfun.io.

We may issue notices via various channels, including by posting messages on our social media accounts and website. You consent to receive notices by e-mail and agree that any such notices that we send you shall be legally effective and satisfy any requirement that the notices be provided in writing. If you do not agree, do not accept these Terms. You have the right to withdraw your consent, and, when required by law, we will provide you with paper copies of all documents and records upon request. You may do so by contacting us at the email or mailing addresses provided in these Terms. If you withdraw your consent, we reserve the right to terminate the Agreement between us. To receive or access the notices we send via e-mail, you must have Internet access and a computer or device with a compatible web browser. You will also need software capable of viewing files in Portable Document format (“PDF”). To retain the notices we send you, your device, or your computer must have the ability to download and store PDF files. By accepting these terms, you verify that you are able to receive, access, and retain the notices we may send. You may change your e-mail address for notification purposes at any time by editing your account information on our website.

No waiver

Our failure to enforce any part of these Terms of Service shall not constitute a waiver of our right to later enforce that or any other part of these Terms of Service. Waiver of compliance in any particular instance does not mean that we will waive compliance in the future. In order for any waiver of compliance with these Terms of Service to be binding, we must provide you with written notice of such waiver through one of our authorized representatives.

Headings

The section and paragraph headings in these Terms of Service are for convenience only and shall not affect their interpretation.

Term and termination

We shall have the right to terminate this Terms of Service including, without limitation, your right to access and use the Services, at any time in our sole discretion and without advance notice to you. The licenses granted herein by us shall automatically terminate without advance notice if you fail to comply with any material provision of this Terms of Service. You may terminate this Terms of Service at any time by deactivating your User account on the Services and discontinuing use of any and all parts of the Services. Upon termination of this Terms of Service for any reason, you shall immediately cease using the Services. All provisions of these Terms of Service and the Payment Terms which by their nature should survive termination shall survive any such termination, including, without limitation, your licenses of User Content, ownership provisions, warranty disclaimers, indemnity obligations, your payment obligations under the Payment Terms, limitations of liability, and provisions related to choice of law.

Contact

You may contact us at ​info@mfun.io