Terms of Service

Effective and Last Revised Date : October 08, 2024

This agreement is made by and between Fanimax Co., Ltd. (hereinafter referred to as "Party B") for providing the game service (hereinafter collectively referred to as "the Service") to the users (hereinafter referred to as "the Agreement").

Before using the Service provided by our company, users should carefully read the contents of this Agreement to protect their personal rights. When the user clicks the "Agree to Comply" button to start using the Service, it is presumed that the user has reviewed this Agreement for more than three days, fully understands all the contents of this Agreement, and agrees to comply with this Agreement, all game management rules under the game, all notices published on the company's game website or official fan page, and the laws of Taiwan. Thereafter, the user will be bound by the terms of this Agreement and also agrees to comply with the relevant legal provisions, including any future amendments.

If any mandatory provisions by the regulatory authorities are not included in this Agreement, they shall be deemed to have been included. If any provisions that should not be included are listed, they shall be deemed not to have been listed.

Contracting Parties:

User of the Service: [Please fill out the registration process; hereinafter referred to as "Party A"]

Fanimax Co., Ltd. (hereinafter referred to as "Party B")

Business Address: 12F-12, No.188, Sec. 4, Chenggong Rd., Neihu Dist., Taipei City

Article 1: Legal Guardian

If Party A has limited capacity to act, this Agreement shall only take effect after obtaining the consent of Party A’s legal guardian; if Party A has no capacity to act, this Agreement shall be concluded by the legal guardian on behalf of Party A.

If a person with limited capacity to act purchases points without consent, or a person without capacity to act makes such a purchase on behalf of the legal guardian, the legal guardian may request a refund according to the procedure announced on the official website. After confirmation by Party B, the unused game fees will be refunded to Party A.

Party B shall clearly indicate on the official website homepage, game login page, or purchase page that if Party A has limited or no capacity to act, in addition to complying with the first paragraph, the legal guardian must read, understand, and agree to all the terms of this Agreement before Party A may use the game service. The same applies to any changes to this Agreement. Furthermore, users are reminded that any changes to these regulations should be referred to the latest information announced on the homepage of the game website or the game login page. If there are any steps that require "confirmation" in the game service, and the user has limited or no capacity to act, the legal guardian should confirm on behalf of the user and assume joint responsibility for the legal consequences arising from such actions.

Article 2: Scope of the Agreement

Party B provides Party A with mobile game services and other related services (hereinafter referred to as "the Service"). The rights and obligations of both parties regarding the Service are stipulated in the terms of this Agreement.

Article 3: Contents of the Agreement

The following are considered part of this Agreement and have the same effect as this Agreement:

Advertising or promotional content related to the Service provided by Party B.

The rate table and game management rules.

If there is any conflict among the contents of the above items, the interpretation most favorable to the consumer shall prevail.

Article 4: Definitions

The terms in this Agreement are defined as follows:

Online Game: Refers to the game that Party A connects to Party B’s designated server through a computer, smart device, or other electronic carrier via the internet. However, this does not include electronic game machines as defined in the Management Regulations for Electronic Game Arcades, purely local connections, or other game services that do not require connecting to a game server via the internet.

Game Website: Refers to the website established by Party B to provide the game service.

Game Management Rules: Refers to the rules established by Party B to regulate the game process, the code of conduct for Party A (user), and other related regulations.

Game History: Refers to the record of the process of Party A's game from logging into the Service to logging out of the Service as recorded by the computer system.

Suspension of Game Permission (Freezing): Refers to temporarily prohibiting Party A from using the Service provided by the website by restricting login to the game website or temporarily restricting the rights to use the game account.

External Program: Refers to a program not provided by Party B, intended to affect or alter the operation of Party B's online game.

Program Bug: Refers to a presentation, operation mode, or game result in the game that was not foreseen or planned by Party B when designing the game program.

Necessary Costs: Refers to the costs incurred by Party B to perform this Agreement or fees already paid to third parties.

Violation of Fair and Reasonable Game Practices: Refers to behaviors that affect the fair progress of the game for other game companies, game agents, or other users of the Service.

Article 5: Scope of Service

The game service provided under this Agreement is offered through servers designated by Party B, allowing Party A to connect via the internet to log in and use the game service. However, it does not include the service that Party A applies to the internet access service provider for internet access. Party A should prepare all necessary hardware equipment for internet access and bear the cost of connecting to the internet.

Article 6: Game Registration

Party A shall apply to use the game service by following the application process, registering personal information consistent with identification documents or other necessary information on the game website. To ensure Party A's rights in using the Service, the information provided by Party A should be verifiable. If there is incorrect or changed information, Party A shall immediately notify Party B for updates.

If Party A fails to provide correct personal information, or the original information provided does not match the truth or is not updated, Party B may suspend the service of game progress and game history inquiry for Party A until the true or updated information is provided. However, if Party A can prove they are the contracting party, this does not apply.

Article 7: Contract Termination Provisions

Party A may terminate this Agreement by notifying Party B by email or in writing within seven days after starting to use the game service without needing to provide reasons or bear any costs. Party A may request a refund for unused credits from Party B, who may take actions to restore the original state, including but not limited to deleting Party A’s game characters, accounts, virtual items, etc.

Article 8: Changes to Billing Standards and Notification Provisions

The billing method for the game service is based on a virtual currency system in the game.

The game service may provide additional points, items, or other services that Party A needs to purchase at an extra cost (such as virtual currency, treasures, advanced items, etc.). Party B shall post payment methods and product information on the homepage of the official website, the game login page, or the purchase page.

When adjusting rates, Party B shall announce the changes 15 days before the intended effective date on the game website, the official fan page, or through in-game mail and announcements on the game login page. If Party A has registered communication information during account registration, Party B shall notify Party A using the registered communication information.

If there is a rate adjustment, the new rate shall apply from the effective date. If the new rate is higher than the old rate, the credits logged on the game website before the effective date shall be charged at the old rate.

If Party B publishes a description of the game billing system on the game website, that system and description shall also be part of this Agreement. By agreeing to this Agreement, Party A authorizes Party B or a third-party financial institution to deduct points or game fees from Party A's account according to the billing system.

Article 9: Information to be Included in the Game Service

Party B shall list the following matters on the homepage of the game website, the login page, the purchase page, and the game package:

Indicate the game rating and the age group prohibited or suitable for use according to the Game Software Rating Management Regulations.

The minimum software and hardware requirements to use the game service.

If security devices are provided, information on whether they are free or paid.

If there are prize-winning products or activities available for purchase, information on the event content, prizes, winning probabilities, or the quantity of rare items should be provided. It should also include a statement that "this is a chance-winning product; purchasing or participating in the event does not guarantee obtaining a specific product.”

Article 10: Refunds for Game Packages and Software

Party A may request a full refund within seven days after purchasing a game package or paid software download from the original seller. If the original seller does not process or cannot process the request, Party B shall promptly refund Party A upon request.

The game service may include additional points, items, and other services that Party A needs to purchase at an extra cost (such as virtual currency, treasures, advanced items, etc.). If Party A requests a refund for used points, items, and other services from the original seller, the original seller or Party B may process the refund application. After Party A returns the refunded points, items, and other services, Party A may continue using the game service.

Article 11: Methods and Procedures for Handling Game Bugs

If Party A discovers a game bug, it should be reported to Party B using the method announced on the game website. If Party A uses a game bug to profit in the game or provide profit to others, Party B may take measures such as adjusting Party A's game record or requiring Party A to return all or part of the profit. Party B may also temporarily suspend Party A’s account.

If Party A discovers that others are using a game bug, they should immediately report it to Party B to minimize damage. After verification by Party B, the report shall be rewarded or encouraged.

If Party B uses or discloses a program bug that causes damage to Party A, Party B shall bear responsibility according to law. Party B shall also adopt necessary measures to prevent further damage. Party B shall also bear the costs of restoring the original state before the damage occurred.

Article 12: Beta tests

Part B may offer Part A a chance to participate in beta tests (open or closed) of certain parts of the Services. Part A’s participation in such beta tests may be subject to a separate non-disclosure agreement and/or supplemental policies.

By applying to and/or participating in beta tests Part A acknowledge and accept that:

due to the unfinished and experimental nature of the beta tested parts of theServices Part B may not provide any customer service or assistance regarding such parts of the Services. The parts of the Services being beta tested may be nonfunctional on some devices regardless of their listed hardware or software requirements or specifications;

any in-app purchases, items, equipment, experience points, in-game currency and other such content may be periodically reset by Part B during the course of the beta tests. Part B offers no refunds for any such lost content;

All data will be cleared before the official release, including game progress and purchase records, as the beta version is for testing purposes only;

any feedback or idea submitted by Part A to Part B regarding the beta tested parts of the Services may be utilized by Part B without any compensation to Part A. By submitting or creating any material, content (such as in-game user-created content) or feedback regarding the beta tested parts of theServices Part A grant to Part B an unlimited, sublicensable, fully paid up, nonexclusive and transferable license to utilize such material, content and/or feedback in its business; and

Part A’s application to participate in beta tests does not entitle Part A to be invited to, or to participate in any beta test offered by Part B.

Article 13: Intellectual Property Rights

All intellectual property rights of the game (including but not limited to trademarks, patents, copyrights, and trade secrets) and other game services are owned by Party B or have been legally licensed by Party B. This Agreement does not grant any rights to Party A other than the rights to use the game service.

Party A shall not reproduce, distribute, transmit, adapt, publicly perform, publicly display, disassemble, reverse engineer, decompile, or modify any game content provided by Party B unless expressly permitted by law. Party A shall not use game content or services for any commercial purpose without Party B's prior written consent.

Article 14: Game Management Rules

Party B shall set out game management rules based on the nature of the game. Party B shall announce the management rules on the game website or login page, and the rules shall be deemed part of this Agreement.

Party B shall publish any changes to the game management rules on the game website or login page at least 30 days before implementation. Party A may terminate this Agreement if Party A disagrees with the changes. However, if Party A continues to use the game service after the effective date of the changes, it shall be deemed to have agreed to the changes.

Party A shall not engage in any behavior that violates game management rules, including but not limited to cheating, using external programs, interfering with the operation of the game, or infringing on the rights of other players.

If Party A violates the game management rules, Party B may take necessary measures such as suspending the game account, deleting the game character, or terminating this Agreement. Party A shall be responsible for all legal responsibilities arising from violations of the game management rules.

Article 15: Dispute Resolution

If any dispute arises from or in connection with this Agreement, both parties agree to resolve the dispute in good faith through negotiation. If the dispute cannot be resolved through negotiation, the Taipei District Court shall be the court of first instance. This Agreement shall be governed by and construed in accordance with the laws of Taiwan.

Article 16: Notice and Communication

Party B shall notify Party A of any matters related to this Agreement through the contact information provided by Party A during registration. Party A shall ensure that the contact information provided is correct and up-to-date. If Party A changes contact information, it shall notify Party B promptly.

All notices sent to the registered contact information shall be deemed received by Party A.

Article 17: Termination of Service

Party B may terminate the game service for any reason, including but not limited to the need to maintain or update the server, significant changes in operational direction, or other reasons. Party B shall notify Party A at least 30 days in advance of the termination date.

If Party B terminates the game service, Party A may request a refund for any unused virtual currency or other services purchased from Party B. Party B shall refund Party A based on the amount of unused virtual currency or other services remaining at the time of termination.

Article 18: Amendments to the Agreement

Party B reserves the right to amend this Agreement at any time. Any amendments shall be published on the game website or login page at least 30 days before the effective date. Party A may terminate this Agreement if Party A disagrees with the amendments. However, if Party A continues to use the game service after the effective date of the amendments, it shall be deemed to have agreed to the amendments.

Article 19: Connection Quality

If Party B plans to suspend all or part of the game service to maintain the systems and hardware related to the game, it shall announce this on the game website homepage, game login page, or purchase page at least seven days in advance. However, this does not apply in cases of temporary, urgent, or unforeseeable circumstances beyond Party B’s control.

If Party B is responsible for the inability to provide the service, it shall refund any game fees or in-game items deducted during the period of unavailability. If a refund is not possible, Party B shall provide other reasonable compensation.

Article 20: System Security and Program Bugs

Party B shall maintain its computer systems to the level of security reasonably expected by current technology or professional standards when providing game services as stipulated in this agreement.

If the computer system or electromagnetic records are damaged, or if the computer system malfunctions, Party B shall take reasonable measures to restore it as quickly as possible. Party B shall not charge Party A any fees until the restoration is complete and the system is functioning normally.

If Party B violates the preceding provisions or if a program bug causes damage to Party A, Party B shall be liable for damages according to the extent of Party A's losses. However, Party B may be exempt from or reduce its liability if it can prove that it was not at fault.

Party B has the right to suspend or interrupt the service in any of the following situations:

  1. Routine or necessary maintenance of system equipment.

  2. Communication issues or maintenance of Party B’s server’s electronic communication services, causing a disruption in communication.

  3. Unexpected malfunctions of hardware, software, or electronic communication equipment.

  4. Natural disasters or other unavoidable factors that prevent Party B’s system from operating.

  5. Other situations beyond Party B's control that cause service interruptions or stoppages.

Party A agrees that products or services purchased (including but not limited to virtual items) may not be used as originally intended due to system, program settings, or other factors. If the usage rights are impaired due to reasons attributable to Party A, Party A agrees that Party B is not liable for any compensation or restitution for such damages or losses. All products or services provided by Party B, including but not limited to virtual equipment and electromagnetic records, are owned by Party B or the relevant rights holders. Party A understands and agrees to use these virtual items according to the game’s settings, in a normal and usual manner until they naturally degrade or the game service terminates.

If Party A encounters disputes with third parties due to shared accounts or entrusting others to purchase points, Party B may refuse to assist in resolving such disputes.

Party A should understand and agree that this service may experience interruptions, malfunctions, hardware damage, disconnection, or hacking incidents. These occurrences may cause inconvenience, data loss, third-party tampering, or other resulting economic losses, and Party A is advised to take protective measures on their own.

Article 21: Game Management Rules

To regulate the manner in which the game is conducted, Party B shall establish reasonable and fair game management rules. These game management rules or similar regulations established by Party B shall be considered an integral part of this agreement and hold the same legal effect. Party A shall comply with the game management rules announced by Party B, the relevant laws of the region where the game is distributed, and all international internet regulations and practices. Party A shall be legally responsible for all content transmitted through this service.

Party A agrees and guarantees not to publish, distribute, or transmit any defamatory, false, threatening, obscene, indecent, or unlawful statements or information that infringes upon the rights and intellectual property of the game company, game agents, or others, whether within the game, on official fan pages, or in other publicly accessible places. Party A shall not post statements related to the buying or selling of game accounts and shall not use the game service to engage in any commercial activities, such as sending unsolicited advertisements, promoting commercial websites within the game, or conducting sales activities on any website.

Changes to the game management rules shall be made in accordance with the procedures outlined in Article 22.

If the game management rules exhibit any of the following conditions, the provisions shall be deemed invalid:

  1. Contradiction with the provisions of this agreement.

  2. Deprivation or restriction of Party A’s contractual rights. However, this does not apply to situations where Party B handles matters in accordance with other provisions of this agreement.

To further manage and maintain the quality of the game provided by Party B, Party A agrees that if Party A uses unauthorized software, viruses, exploits game bugs, or engages in other unfair practices while playing the game, the system may automatically record such violations of this agreement or the game management rules. These records may include details such as CPU type, operating system type, operating system version, computer name, computer ID, and improper program access paths.

Article 22: Handling of Violations of Game Management Rules

Unless otherwise stipulated in this agreement, if there is sufficient evidence that Party A has violated the game management rules within the game, Party B shall announce this on the game website's homepage, game login page, purchase page, or during gameplay, and notify Party A through in-game mail.

For the first violation of the game management rules by Party A, Party B shall notify Party A to make improvements within a specified period. If Party A fails to make the necessary improvements after being notified by Party B, Party B may restrict Party A's gaming rights according to the severity of the violation as stipulated in the game management rules. If Party A commits a second violation of the game management rules for the same reason, Party B may immediately restrict Party A's gaming rights in accordance with the game management rules. If Party A violates the game management rules three times or more for the same reason, and the violation is severe enough to warrant termination of the agreement by Party B, Party B may terminate the agreement at any time and immediately stop Party A's gaming rights according to the relevant game management rules.

When Party B restricts Party A’s gaming rights according to the game management rules, each restriction period shall not exceed seven days.

Article 23: Right to Appeal

If Party A is dissatisfied with the connection quality, game management, fee billing, or other related service quality provided by Party B, or disagrees with the actions taken by Party B according to the game management rules, Party A may file an appeal at Party B's service center, via email, or in writing within seven days from the day following the receipt of the notification. Party B shall respond to the appeal with the results of the handling within fifteen days of receiving the appeal.

Party B shall clearly state the customer service methods, customer service email address, and other related contact information on the game website or in the game management rules.

If Party A reports a third party using external programs or other actions affecting the fairness of the game, the appeal shall be handled in accordance with the provisions of the first paragraph.

Article 24: Contract Modification

When Party B modifies this contract, it shall announce the changes on the game's website homepage, the game login page, or the purchase page, and notify Party A using the contact information registered by Party A.

If Party B fails to make the announcement and notification as stated in the preceding paragraph, the contract modification shall be invalid.

Within fifteen days after receiving the notification mentioned in the first paragraph:

  1. If Party A does not express opposition, it will be considered that Party A has accepted the content of the contract modification, and Party B will continue to provide the game services according to the modified contract.

  2. If Party A expresses opposition, it will be considered as Party A's notice to terminate this contract with Party B.

Article 25: Contract Termination and Refunds

Party A may terminate this contract at any time by notifying Party B.

Upon termination of the contract, Party B shall refund Party A the unused stored value or game fees within thirty days, deducting 30% as necessary costs. The refund shall be made in cash, credit card, money order, or by sending a check via registered mail.

If Party A is involved in any of the following major situations, Party B may immediately terminate this contract after announcing the termination on the game's website homepage, game login page, or notifying Party A using the contact information registered by Party A:

  1. Malicious attacks or damage to Party B's computer system using any system or tool.

  2. Engaging in gameplay using cheats, virus programs, game bugs, or other unfair and unreasonable methods.

  3. Purchasing points or in-game items through impersonation, fraud, or other false or improper means.

  4. Repeatedly violating the game management rules for the same reason a certain number of times (not less than three), and failing to improve after being notified according to Article 22, Paragraph 2.

  5. Being discovered by judicial authorities to be engaged in any illegal activities.

If Party B makes an erroneous judgment or fails to provide evidence for the aforementioned situations, Party B shall be liable for compensation for any damages incurred by Party A.

Upon termination of the contract, Party B shall refund Party A the unused paid points or game fees within thirty days, deducting necessary costs, or handle the aforementioned points or fees in a manner agreed upon by both parties.

Article 26: Cessation of Operations

If Party B terminates the contract due to the cessation of operation of the game service, Party B shall announce this at least thirty days in advance on the official website homepage, official fan page, game login page, or purchase page, and notify Party A using the contact information registered by Party A.

If Party B fails to make the announcement and notification within the specified period, Party B shall refund Party A the unused paid points or game fees without deducting necessary costs and shall also provide other reasonable compensation.

Article 27: Delivery

For all notifications related to this contract, Party A agrees that Party B may deliver notifications through announcements on the game website homepage, game login page, or by using the contact information registered by Party A.

If the registered contact information changes, Party A shall promptly notify Party B. Party B shall then use the updated contact information for delivery.

Notifications sent by Party B using Party A's registered contact information are deemed to be delivered upon being received in writing by Party A or upon being delivered to Party A’s email server.

If Party B is unable to deliver notifications due to Party A’s intentional or negligent actions, Party B shall not be liable for any damages resulting from the failure to deliver.

Article 28: Limitation of Liability

Party B shall not be liable for any special, incidental, indirect, punitive, or consequential losses arising from Party A's use of the game. The total liability of Party B is limited to compensating Party A for actual direct losses incurred from the reasonable use of the game, up to the amount that Party A has actually paid for the game.

Article 29: Governing Law and Jurisdiction

The interpretation and application of this contract and the related game management rules, as well as the rights and obligations arising between Party A and Party B from the use of this service, shall be governed by the laws of Taiwan.

In the event of a dispute arising from this contract that requires litigation, both parties agree that the Taipei District Court shall have jurisdiction as the court of first instance.

The foregoing agreement does not exclude the application of Article 47 of the Consumer Protection Act and Article 28, Section 2, and Article 436-9 of the Civil Procedure Law.

Article 30: Special Provisions

If the parties enter into additional documents based on specific matters, including but not limited to agreements or settlement contracts (hereinafter referred to as "Supplementary Terms"), such Supplementary Terms shall be considered as supplementary to this agreement. In the event of any conflict between the terms of this agreement and the Supplementary Terms, the provisions of the Supplementary Terms shall take precedence. Matters not covered by the Supplementary Terms shall be governed by the relevant provisions of this agreement.

Party A agrees that all information and negotiation processes related to the Supplementary Terms, including but not limited to unpublished business information, trade secrets, confidential information, event plans, business decisions, and related contract content (including but not limited to matters agreed in the Supplementary Terms), shall be considered confidential. Without Party B's written consent, Party A shall not directly or indirectly disclose such information to any third party or assist any third party in obtaining such information.

If Party A breaches any provisions of this agreement, Party A shall compensate Party B for the corresponding costs or losses incurred.