Terms of Service and End User License Agreement

Last Updated: January 10, 2025

IMPORTANT - PLEASE READ CAREFULLY: This Terms of Service and End User License Agreement (collectively, the "Agreement" or "Terms") is a legally binding contract between you ("you," "your," or "user") and What A Fun LLC ("What A Fun," "we," "us," or "our") governing your access to and use of our mobile applications, games, websites, and all related services (collectively, the "Services").

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING ANY OF OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT ACCESS OR USE THE SERVICES.

Acceptance of Terms
Changes to Terms
Eligibility and Account Registration
License Grant and Restrictions
Ownership and Intellectual Property Rights
User Conduct and Prohibited Activities
User-Generated Content
Virtual Items, In-App Purchases, and Subscriptions
Payment Terms and Billing
Refund Policy
Account Suspension and Termination
Service Availability and Modifications
Third-Party Services and Links
Privacy and Data Collection
Disclaimer of Warranties
Limitation of Liability
Indemnification
Dispute Resolution and Arbitration
Class Action Waiver
Governing Law and Jurisdiction
Severability
Entire Agreement
Assignment
No Waiver
Force Majeure
Export Compliance
U.S. Government Rights
Apple and Google Specific Terms
DMCA Copyright Policy
Contact Information

1. ACCEPTANCE OF TERMS

By creating an account, downloading, installing, or using our Services, you represent and warrant that:

You have read, understood, and agree to be bound by this Agreement
You meet the age and eligibility requirements set forth in Section 3
You have the legal capacity to enter into this binding agreement
You will comply with all applicable laws, rules, and regulations
All registration information you provide is truthful, accurate, and complete
You will maintain the accuracy of such information

If you are accessing or using the Services on behalf of a company, organization, or other legal entity, you represent and warrant that you have the authority to bind that entity to this Agreement, and your acceptance of this Agreement will be deemed an acceptance by that entity.

2. CHANGES TO TERMS

We reserve the right to modify, amend, or update this Agreement at any time, in our sole discretion, with or without notice. Changes will be effective immediately upon posting of the revised Agreement, unless otherwise specified.

2.1 Notification of Changes

When we make material changes to this Agreement, we will notify you by:

Posting the updated Agreement with a new "Last Updated" date
Displaying an in-app notification or pop-up
Sending an email notification (if we have your email address)
Posting a notice on our website or within the Services

2.2 Your Acceptance of Changes

Your continued use of the Services after the effective date of any changes constitutes your acceptance of the revised Agreement. If you do not agree to the changes, you must immediately stop using the Services and may delete your account.

It is your responsibility to review this Agreement periodically. We recommend checking for updates regularly.

3. ELIGIBILITY AND ACCOUNT REGISTRATION

3.1 Age Requirements

You must be at least 13 years old (or the applicable age of digital consent in your jurisdiction, such as 16 in some European countries) to use our Services. If you are under 18 years old, you must have your parent's or legal guardian's permission to use the Services.

Some of our Services may have higher age requirements, which will be clearly indicated. By using such Services, you represent that you meet the applicable age requirement.

3.2 Parental Consent for Minors

If you are a minor (under 18 years old), you represent that your parent or legal guardian has read and agreed to this Agreement on your behalf. Parents and legal guardians are responsible for the actions of their minor children when using the Services.

3.3 Account Registration

To access certain features of the Services, you may be required to create an account. When creating an account, you agree to:

Provide accurate, current, and complete information
Maintain and promptly update your account information
Maintain the security and confidentiality of your account credentials
Immediately notify us of any unauthorized use of your account
Accept responsibility for all activities that occur under your account
Not share your account with others or allow others to access your account
Not create or use multiple accounts to circumvent bans or restrictions
Not impersonate any person or entity or falsely state or misrepresent your affiliation

3.4 Account Security

You are solely responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. We are not liable for any loss or damage arising from your failure to comply with these security obligations.

If you believe your account has been compromised, you must immediately notify us at support@what-a-fun.com.

3.5 One Account Per User

You may only create and maintain one account per Service, unless expressly permitted by us. Creating multiple accounts to gain unfair advantages, circumvent bans, or engage in fraudulent activity is strictly prohibited and may result in permanent termination of all your accounts.

4. LICENSE GRANT AND RESTRICTIONS

4.1 Limited License

Subject to your compliance with this Agreement, What A Fun grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to:

Download, install, and use the Services on your personal device(s)
Access and use the Services solely for your personal, non-commercial entertainment purposes

This license is conditional upon your continued compliance with this Agreement. Any unauthorized use of the Services automatically terminates this license.

4.2 License Restrictions

You may NOT, and you agree not to, or enable others to:

Modify or Create Derivative Works: Copy, modify, adapt, translate, or create derivative works based on the Services or any part thereof
Reverse Engineer: Reverse engineer, decompile, disassemble, decode, or otherwise attempt to derive or gain access to the source code of the Services or any part thereof
Distribute or Transfer: Rent, lease, lend, sell, redistribute, sublicense, or otherwise transfer the Services or any part thereof to any third party
Circumvent Security: Remove, disable, circumvent, or otherwise create or implement any workaround to any copy protection, rights management, technical limitations, or security features in or protecting the Services
Use Automated Tools: Use any robot, spider, crawler, scraper, bot, or other automated means to access the Services or collect data from the Services
Exploit or Hack: Exploit errors, bugs, or vulnerabilities in the Services; use cheats, hacks, mods, or any other unauthorized third-party software designed to modify or interfere with the Services
Interfere with Services: Disrupt, overburden, or interfere with the Services or servers or networks connected to the Services
Commercial Use: Use the Services for any commercial purpose or for the benefit of any third party
Frame or Mirror: Frame, mirror, or otherwise incorporate any part of the Services into any other website or service
Remove Notices: Remove, obscure, or alter any legal, copyright, trademark, or other proprietary notices contained in or on the Services
Access Restricted Areas: Access or attempt to access any areas of the Services or our systems that are not intended for public access
Data Mining: Use data mining, screen scraping, or similar data gathering or extraction methods

4.3 Beta Testing and Pre-Release Services

We may offer beta, alpha, early access, or other pre-release versions of our Services. By participating, you acknowledge and agree that:

The pre-release Services may contain bugs, errors, and defects
We may reset, modify, or discontinue the pre-release Services at any time without notice
Virtual items, progress, and data may be deleted or reset
You may be subject to additional confidentiality obligations
We have no obligation to make the Services publicly available

4.4 Updates and Patches

We may, from time to time, develop and provide updates, patches, bug fixes, upgrades, and other modifications to the Services. Such updates may be automatically downloaded and installed without prior notice. You consent to such automatic updates.

If you do not install updates when available, or if you opt out of automatic updates, you may not be able to access or use the Services, and we shall have no liability to you in such event.

5. OWNERSHIP AND INTELLECTUAL PROPERTY RIGHTS

5.1 Ownership

The Services, including all content, features, functionality, software, code, databases, graphics, designs, audio, video, text, photographs, trademarks, logos, and other materials (collectively, "Content"), are owned by What A Fun LLC, its licensors, or other providers of such material and are protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

5.2 Trademarks

What A Fun LLC, our logos, product and service names, designs, and slogans are our trademarks or service marks (collectively, "Marks"). You may not use our Marks without our prior written permission. All other names, logos, product and service names, designs, and slogans mentioned in the Services are the trademarks of their respective owners.

5.3 Reservation of Rights

All rights not expressly granted to you in this Agreement are reserved by What A Fun LLC and its licensors. No license or right is granted to you by implication or otherwise under any intellectual property rights owned or controlled by What A Fun LLC or its licensors, except for the licenses and rights expressly granted in this Agreement.

5.4 Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, or other information regarding the Services ("Feedback"), you hereby assign to What A Fun LLC all rights in such Feedback and agree that What A Fun LLC shall have the right to use and fully exploit such Feedback in any manner and for any purpose, without compensation or attribution to you.

6. USER CONDUCT AND PROHIBITED ACTIVITIES

6.1 General Conduct Rules

You agree to use the Services in a lawful and respectful manner. You will not:

Violate any applicable laws, regulations, or third-party rights
Engage in any activity that is harmful, fraudulent, deceptive, threatening, harassing, defamatory, obscene, or otherwise objectionable
Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity
Use the Services to harm minors in any way
Transmit or procure the sending of any advertising, promotional materials, or spam
Transmit any viruses, worms, malware, or other malicious code
Attempt to gain unauthorized access to the Services, other users' accounts, or our computer systems or networks

6.2 Prohibited Activities in Games

When using our games and gaming Services, you specifically agree NOT to:

Cheating: Use cheats, exploits, automation software, bots, hacks, mods, or any unauthorized third-party software designed to modify or interfere with the Services
Game Manipulation: Intentionally exploit bugs, glitches, or errors to gain an unfair advantage
Account Sharing/Trading: Share, sell, trade, or otherwise transfer your account or virtual items to any other person
Real Money Trading (RMT): Buy, sell, trade, or exchange virtual items, virtual currency, or accounts for real-world money or value outside of the Services
Win Trading: Collude with other players to manipulate rankings, matchmaking, or game outcomes
Griefing: Intentionally disrupt other players' gameplay experience through harassment, spawn camping, team killing, or similar behavior
Scamming: Defraud or attempt to defraud other users
Phishing: Attempt to obtain other users' account credentials or personal information
Unauthorized Competitions: Organize or participate in unauthorized tournaments, competitions, or commercial events using our Services

6.3 Communication and Social Features

Our Services may include features that allow you to communicate with other users, such as chat, messaging, forums, or user profiles. When using these features, you agree NOT to:

Harassment and Bullying: Harass, bully, threaten, stalk, or intimidate other users
Hate Speech: Post or transmit content that promotes racism, bigotry, hatred, or physical harm of any kind against any group or individual
Offensive Content: Post or transmit sexually explicit, obscene, pornographic, or excessively violent content
Personal Information: Share your own or others' personal information (such as real names, addresses, phone numbers, email addresses, passwords, or financial information) without permission
Spam and Advertising: Send spam, advertisements, solicitations, or promotional materials
Impersonation: Impersonate or falsely represent yourself as another user, person, or entity
Disruptive Behavior: Intentionally disrupt conversations or engage in disruptive behavior
Illegal Content: Share content that violates any law or regulation, or encourages illegal activity
Intellectual Property Infringement: Share copyrighted, trademarked, or other proprietary content without proper authorization

6.4 Content Moderation

We reserve the right, but have no obligation, to:

Monitor, review, and moderate all user communications and content
Remove or disable access to any content that violates this Agreement or is otherwise objectionable
Take appropriate action against users who violate this Agreement, including warnings, temporary suspensions, or permanent bans
Use automated systems and/or manual review to detect prohibited content and behavior
Cooperate with law enforcement authorities regarding illegal activities

We are not responsible for user-generated content and do not endorse any opinions expressed by users. We do not guarantee that all content will be moderated or that violations will be detected.

6.5 Reporting Violations

If you encounter content or behavior that violates this Agreement, please report it to us immediately at support@what-a-fun.com. We will investigate and take appropriate action.

7. USER-GENERATED CONTENT

7.1 Definition

"User-Generated Content" or "UGC" means any content that you or other users submit, upload, post, transmit, display, or otherwise make available through the Services, including but not limited to text, messages, chat communications, images, videos, audio, usernames, profile information, gameplay data, and any other materials.

7.2 Responsibility for UGC

You are solely responsible for all UGC that you create, submit, or make available through the Services. You represent and warrant that:

You own all rights to your UGC or have obtained all necessary permissions and licenses
Your UGC does not infringe any third-party intellectual property rights, privacy rights, publicity rights, or other rights
Your UGC complies with this Agreement and all applicable laws and regulations
Your UGC does not contain any viruses, malware, or other harmful code

7.3 License Grant to What A Fun

By submitting, uploading, or otherwise making available any UGC through the Services, you hereby grant to What A Fun LLC a worldwide, non-exclusive, royalty-free, fully paid-up, transferable, sublicensable, perpetual, irrevocable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display, and otherwise exploit such UGC in any form, media, or technology, whether now known or hereafter developed, for any purpose, including but not limited to:

Operating, providing, improving, and promoting the Services
Creating compilations, collective works, or derivative works
Marketing, advertising, and promotional materials
Research and analytics

This license continues even if you stop using the Services or delete your account.

7.4 Moral Rights Waiver

To the extent permitted by applicable law, you waive all moral rights (including rights of attribution and integrity) that you may have in your UGC.

7.5 No Obligation to Use UGC

We have no obligation to monitor, display, accept, or maintain any UGC. We reserve the right to remove, edit, or refuse to post any UGC for any reason or no reason, in our sole discretion, at any time, with or without notice.

7.6 No Compensation

You acknowledge and agree that you will not receive any compensation, financial or otherwise, for your UGC or the license granted herein.

7.7 Screening and Moderation

We may, but are not obligated to, screen, monitor, edit, or remove UGC. However, we are not responsible for any failure or delay in removing UGC, and we assume no liability for any content posted by users.

8. VIRTUAL ITEMS, IN-APP PURCHASES, AND SUBSCRIPTIONS

8.1 Virtual Items and Virtual Currency

Our Services may include virtual items, virtual currency, points, coins, gems, tokens, or other digital goods (collectively, "Virtual Items") that can be used within the Services. Virtual Items may be purchased with real money or earned through gameplay.

8.2 No Real-World Value

Virtual Items have no real-world value and cannot be redeemed for real money or anything of real-world monetary value. Virtual Items are non-refundable and non-transferable, except as expressly permitted within the Services.

8.3 Limited License to Virtual Items

You do not own Virtual Items. Instead, you receive a limited, personal, non-transferable, non-sublicensable, revocable license to use Virtual Items solely within the Services. This license can be revoked at any time for any reason, including violation of this Agreement.

8.4 No Transfer or Sale

You may not:

Sell, trade, gift, or otherwise transfer Virtual Items to anyone outside of the Services
Buy or sell Virtual Items for real-world money (Real Money Trading/RMT)
Use Virtual Items in connection with any unauthorized third-party services

Any attempt to do so may result in immediate termination of your account and forfeiture of all Virtual Items without refund.

8.5 Price Changes

We reserve the right to change the pricing of Virtual Items at any time, with or without notice. Price changes will not affect Virtual Items already purchased.

8.6 Expiration and Forfeiture

Virtual Items may expire or be forfeited if:

Your account is terminated or suspended
You violate this Agreement
The Services are discontinued
We determine the Virtual Items were obtained fraudulently or through unauthorized means
A specific expiration date applies to certain Virtual Items

We are not responsible for any loss of Virtual Items due to your actions, account termination, or discontinuation of Services.

8.7 In-App Purchases

Our Services may offer in-app purchases of Virtual Items, premium features, subscriptions, or other digital goods. When you make an in-app purchase:

You agree to pay the applicable fees, including any applicable taxes
You authorize us or our payment processors to charge your selected payment method
Purchases are final and non-refundable except as required by law or as stated in our Refund Policy
You are responsible for ensuring the payment method is valid and has sufficient funds

8.8 Subscriptions

Some Services may be offered on a subscription basis. If you purchase a subscription:

Automatic Renewal: Your subscription will automatically renew at the end of each subscription period unless you cancel before the renewal date
Billing: You will be charged the then-current subscription fee at the beginning of each renewal period
Cancellation: You may cancel your subscription at any time through your account settings or the platform from which you subscribed (Apple App Store, Google Play Store)
No Refunds for Early Cancellation: If you cancel, you will retain access to the subscription benefits until the end of your current billing period, but you will not receive a refund for any unused portion
Price Changes: We may change subscription prices with advance notice. Price changes will apply to subsequent subscription periods after you receive notice

8.9 Third-Party Payment Processors

Payments are processed through third-party platforms such as Apple App Store, Google Play Store, PayPal, Stripe, or other payment processors. Your transactions are subject to the terms and policies of these third-party payment processors.

We do not store or have access to your full payment card information. All payment information is collected and processed by the applicable payment processor.

8.10 Chargebacks and Fraud

If you initiate a chargeback or dispute a charge with your payment provider without first contacting us:

We may suspend or terminate your account
You may forfeit all Virtual Items and account access
We may pursue legal action to recover the disputed amount and any associated costs
You may be permanently banned from our Services

If you believe a charge is incorrect, please contact us at support@what-a-fun.com before initiating a chargeback.

9. PAYMENT TERMS AND BILLING

9.1 Payment Authorization

By providing a payment method, you represent and warrant that:

You are authorized to use the payment method
You authorize us or our payment processors to charge the payment method for all fees incurred
All payment information you provide is accurate and complete

9.2 Payment Processors

We use third-party payment processors to process payments. By making a purchase, you agree to the terms and privacy policies of the applicable payment processor.

9.3 Taxes

All fees are exclusive of applicable taxes, duties, or other governmental charges. You are responsible for paying all applicable taxes associated with your purchases.

9.4 Failed Payments

If a payment fails or is declined:

We may suspend or terminate your access to paid features or subscriptions
We may attempt to charge your payment method again
You remain responsible for any uncollected amounts
We may use collection agencies or legal action to recover unpaid amounts

9.5 Currency

All prices are displayed in the currency of the platform or region from which you are making the purchase. Currency conversion rates, if applicable, are determined by your payment processor or financial institution.

10. REFUND POLICY

10.1 General No-Refund Policy

All purchases of Virtual Items, in-app purchases, and subscriptions are final and non-refundable, except as required by applicable law or as otherwise stated in this Section.

10.2 Platform-Specific Refunds

Refund requests for purchases made through third-party platforms (Apple App Store, Google Play Store) must be submitted directly to those platforms and are subject to their refund policies:

Apple App Store: Visit https://support.apple.com or request a refund through your Apple ID account
Google Play Store: Visit https://support.google.com/googleplay or request a refund through your Google Play account

What A Fun LLC does not control these platforms' refund policies and cannot process refunds for purchases made through them.

10.3 Web-Based Purchases

For purchases made directly through our website or services (not through Apple or Google):

Contact us at support@what-a-fun.com within 14 days of purchase
Provide your order information and reason for the refund request
We will review your request on a case-by-case basis
Refunds are granted at our sole discretion

10.4 Exceptions

We may issue refunds in the following circumstances:

Technical errors that prevented you from receiving purchased items
Duplicate charges or billing errors
Unauthorized charges (subject to verification)
Services not delivered as described
As required by applicable consumer protection laws

10.5 No Refunds For

Refunds will NOT be issued for:

Virtual Items that have been used, consumed, or partially consumed
Account bans, suspensions, or terminations due to your violation of this Agreement
Loss of Virtual Items due to your own actions or negligence
Dissatisfaction with gameplay, balance changes, or updates
Change of mind or buyer's remorse (except as required by law)
Services that are discontinued or modified

10.6 Refund Processing

If a refund is approved:

It will be processed using the original payment method
Processing may take 5-10 business days
We may revoke access to purchased items or features
We may adjust your Virtual Item balance accordingly

10.7 Regional Consumer Rights

If you are located in the European Union, United Kingdom, Australia, or other jurisdictions with mandatory consumer protection laws, you may have additional refund rights under applicable law. Nothing in this Agreement limits your statutory rights.

11. ACCOUNT SUSPENSION AND TERMINATION

11.1 Termination by You

You may terminate this Agreement and delete your account at any time by:

Contacting us at support@what-a-fun.com with a deletion request
Using the account deletion feature within the Services (if available)
Uninstalling the application (though this does not automatically delete your account data)

Upon termination by you, you will lose access to your account, Virtual Items, progress, and all associated data.

11.2 Termination or Suspension by What A Fun

We reserve the right to suspend, restrict, or terminate your account and access to the Services at any time, with or without notice, for any reason or no reason, including but not limited to:

Violation of this Agreement or any applicable laws
Fraudulent, abusive, or illegal activity
Use of cheats, hacks, or exploits
Harassment or abusive behavior toward other users or our staff
Chargebacks or payment disputes
Creating multiple accounts to evade bans
Extended periods of inactivity
At our discretion, to protect the integrity and security of the Services

11.3 Consequences of Termination

Upon termination or suspension of your account:

Your license to use the Services immediately terminates
You will lose access to your account, Virtual Items, and all associated data
You forfeit all Virtual Items, progress, and other benefits without refund or compensation
Outstanding fees and charges remain due and payable
We may delete all data associated with your account
You must immediately cease all use of the Services

11.4 Permanent Bans

Serious or repeated violations may result in a permanent ban from all current and future What A Fun services. Permanent bans may be based on device identifiers, IP addresses, payment information, or other identifying information to prevent creation of new accounts.

11.5 Appeals

If you believe your account was suspended or terminated in error, you may appeal by contacting support@what-a-fun.com within 30 days. We will review your appeal, but all decisions are final and at our sole discretion.

11.6 Survival

The following sections survive termination of this Agreement: Sections 5 (Ownership), 7.3 (License Grant to What A Fun), 8 (Virtual Items), 10 (Refund Policy), 15 (Disclaimer of Warranties), 16 (Limitation of Liability), 17 (Indemnification), 18-20 (Dispute Resolution, Class Action Waiver, Governing Law), and any other provisions that by their nature should survive.

12. SERVICE AVAILABILITY AND MODIFICATIONS

12.1 Service Availability

We strive to provide reliable Services, but we do not guarantee that the Services will be:

Available at all times or without interruption
Free from errors, bugs, or defects
Secure or free from viruses or other harmful components
Compatible with all devices or operating systems
Accessible in all geographic locations

12.2 Maintenance and Downtime

We may perform scheduled or emergency maintenance that temporarily interrupts access to the Services. We will attempt to provide advance notice when possible, but are not obligated to do so.

We are not liable for any loss or inconvenience caused by service interruptions, maintenance, or downtime.

12.3 Modifications to Services

We reserve the right, at any time and in our sole discretion, to:

Modify, update, or discontinue any aspect of the Services, including features, functionality, or content
Change game mechanics, balance, rules, or virtual economy
Add, remove, or modify Virtual Items
Impose or modify limits on certain features
Change or eliminate any content, features, or functionality

We will attempt to provide notice of significant changes when feasible, but are not obligated to do so. You acknowledge that such modifications may affect your use and enjoyment of the Services, and we have no liability for such modifications.

12.4 Discontinuation of Services

We reserve the right to discontinue the Services, in whole or in part, at any time and for any reason. If we discontinue the Services:

We will provide reasonable advance notice when possible
You will lose access to the Services and all associated data
You will forfeit all Virtual Items without refund or compensation (except as required by law)
We have no obligation to provide refunds or compensation

12.5 No Obligation to Update

While we may release updates, patches, or new versions of the Services, we have no obligation to do so or to provide ongoing support or maintenance.

13. THIRD-PARTY SERVICES AND LINKS

13.1 Third-Party Services

The Services may integrate with, link to, or contain third-party services, websites, applications, content, or advertisements that are not owned or controlled by What A Fun LLC, including but not limited to:

Social media platforms (Facebook, Google, Apple)
Advertising networks (AdMob, Unity Ads, AppLovin)
Analytics services (Firebase, Google Analytics)
Payment processors (Apple, Google, PayPal, Stripe)
Other third-party services and integrations

13.2 No Endorsement

We do not endorse, control, or assume any responsibility for third-party services. We are not responsible for the content, privacy policies, terms of service, or practices of any third-party services.

13.3 Third-Party Terms Apply

Your use of third-party services is governed by their respective terms of service and privacy policies. We encourage you to review those terms before using third-party services.

13.4 No Liability for Third Parties

We are not liable for any loss or damage arising from your use of third-party services or your reliance on any information, products, or services provided by third parties.

13.5 Advertising

The Services may display third-party advertisements. Advertisers may use cookies, pixels, or other tracking technologies to collect information about you. We are not responsible for advertisers' privacy practices or the content of their advertisements.

14. PRIVACY AND DATA COLLECTION

Your privacy is important to us. Our collection, use, and disclosure of personal information is governed by our Privacy Policy, which is incorporated into this Agreement by reference.

By using the Services, you consent to our collection and use of your information as described in our Privacy Policy, available at [link to Privacy Policy].

Key points from our Privacy Policy:

We collect information you provide, information collected automatically, and information from third parties
We use your information to provide Services, improve functionality, personalize your experience, display ads, and ensure safety
We may share information with service providers, advertising partners, and as required by law
You have rights regarding your personal information, including access, correction, deletion, and opt-out rights
We use cookies and similar tracking technologies
We comply with applicable privacy laws, including GDPR, CCPA, and COPPA

If you have privacy-related questions or concerns, please contact us at support@what-a-fun.com.

15. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WITH ALL FAULTS" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WHAT A FUN LLC AND ITS AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS (COLLECTIVELY, "WHAT A FUN PARTIES") DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, OR STATUTORY, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY
IMPLIED WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE
IMPLIED WARRANTIES OF NON-INFRINGEMENT
WARRANTIES REGARDING ACCURACY, RELIABILITY, OR COMPLETENESS OF INFORMATION
WARRANTIES REGARDING UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE SERVICE
WARRANTIES REGARDING THE QUALITY, ACCURACY, OR SUITABILITY OF THE SERVICES

SPECIFICALLY, WHAT A FUN PARTIES DO NOT WARRANT THAT:

THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS
THE SERVICES WILL BE AVAILABLE, UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE
THE RESULTS OBTAINED FROM USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE
THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS
ANY ERRORS OR DEFECTS IN THE SERVICES WILL BE CORRECTED
THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS

YOU ASSUME ALL RISK FOR ANY DAMAGE THAT MAY RESULT FROM YOUR USE OF OR ACCESS TO THE SERVICES, INCLUDING BUT NOT LIMITED TO DAMAGE TO YOUR COMPUTER SYSTEM, MOBILE DEVICE, OR LOSS OF DATA.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM WHAT A FUN OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. YOU MAY HAVE ADDITIONAL RIGHTS THAT VARY BY JURISDICTION.

16. LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL WHAT A FUN PARTIES BE LIABLE TO YOU OR ANY THIRD PARTY FOR:

16.1 Types of Damages Excluded

INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES
LOSS OF PROFITS, REVENUE, OR INCOME
LOSS OF DATA OR INFORMATION
LOSS OF BUSINESS, CONTRACTS, OR OPPORTUNITIES
LOSS OF GOODWILL OR REPUTATION
COST OF SUBSTITUTE GOODS OR SERVICES
PERSONAL INJURY OR PROPERTY DAMAGE
LOSS OF USE, LOSS OF TIME, OR INCONVENIENCE

16.2 Circumstances

THE ABOVE LIMITATIONS APPLY REGARDLESS OF WHETHER THE DAMAGES ARISE FROM:

YOUR USE OF OR INABILITY TO USE THE SERVICES
UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA
STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES
INTERRUPTION OR CESSATION OF THE SERVICES
BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE TRANSMITTED THROUGH THE SERVICES
ERRORS OR OMISSIONS IN ANY CONTENT
LOSS OR DAMAGE TO VIRTUAL ITEMS
ACCOUNT SUSPENSION OR TERMINATION
ANY OTHER MATTER RELATING TO THE SERVICES

16.3 Legal Theories

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH THE CLAIM IS BASED, WHETHER:

CONTRACT
TORT (INCLUDING NEGLIGENCE)
STRICT LIABILITY
WARRANTY
STATUTE
OR ANY OTHER LEGAL THEORY

16.4 Knowledge and Foreseeability

THESE LIMITATIONS APPLY EVEN IF WHAT A FUN PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES AND EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.

16.5 Maximum Aggregate Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF WHAT A FUN PARTIES FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT INCLUDING NEGLIGENCE, WARRANTY, OR OTHERWISE) EXCEED THE GREATER OF:

(A) THE TOTAL AMOUNT PAID BY YOU TO WHAT A FUN IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR
(B) ONE HUNDRED DOLLARS (USD $100.00)

16.6 Jurisdictional Variations

SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. IN SUCH JURISDICTIONS, THE LIABILITY OF WHAT A FUN PARTIES SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

16.7 Essential Basis of Bargain

YOU ACKNOWLEDGE AND AGREE THAT THESE LIMITATIONS OF LIABILITY ARE ESSENTIAL ELEMENTS OF THE AGREEMENT BETWEEN YOU AND WHAT A FUN, AND THAT WHAT A FUN WOULD NOT PROVIDE THE SERVICES WITHOUT THESE LIMITATIONS.

17. INDEMNIFICATION

17.1 Your Indemnification Obligation

You agree to indemnify, defend, and hold harmless What A Fun LLC and its affiliates, subsidiaries, officers, directors, employees, agents, licensors, service providers, contractors, and partners (collectively, "Indemnified Parties") from and against any and all claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable attorneys' fees and legal costs) arising out of or related to:

Your use or misuse of the Services
Your violation of this Agreement
Your violation of any applicable laws, regulations, or third-party rights
Your User-Generated Content or any content you submit, post, or transmit through the Services
Your infringement of any intellectual property or other proprietary rights of any person or entity
Your negligence or willful misconduct
Any false or misleading information you provide
Your interactions with other users of the Services
Unauthorized access to your account resulting from your failure to safeguard your account credentials
Your violation of the rights of any third party

17.2 Defense and Settlement

We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of such claims. You may not settle any claim without our prior written consent.

17.3 Notice

We will make reasonable efforts to notify you of any such claim, action, or proceeding upon becoming aware of it.

17.4 Survival

This indemnification obligation will survive the termination of this Agreement and your use of the Services.

18. DISPUTE RESOLUTION AND ARBITRATION

18.1 Informal Resolution

Before filing a claim, you agree to contact us at support@what-a-fun.com and attempt to resolve the dispute informally. Provide a brief written description of the dispute and your contact information. We will attempt to resolve the dispute informally by contacting you via email.

If we cannot resolve the dispute within sixty (60) days, either party may initiate formal dispute resolution proceedings.

18.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and What A Fun agree that any dispute, claim, or controversy arising out of or relating to this Agreement or the Services (collectively, "Disputes") will be resolved through binding individual arbitration, except as otherwise provided in this Section.

18.3 Arbitration Rules and Forum

The arbitration will be administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules then in effect, except as modified by this Agreement. The AAA Rules are available at www.adr.org or by calling 1-800-778-7879.

The arbitration will be conducted by a single arbitrator selected in accordance with the AAA Rules.

18.4 Arbitration Location

If you are a U.S. resident, the arbitration will be conducted in the county where you reside or in New Castle County, Delaware, at your option.

For non-U.S. residents, the arbitration location will be determined in accordance with the AAA Rules.

18.5 Arbitration Costs

Payment of all filing, administration, and arbitrator fees will be governed by the AAA Rules. If your claim is for less than $10,000, we will reimburse you for your filing fee and pay all administration and arbitrator fees, unless the arbitrator finds the arbitration frivolous or brought for an improper purpose.

18.6 Arbitration Decision

The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. The arbitrator may award any relief that a court could order or award, but the arbitrator may award declaratory or injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief.

The arbitrator's award is final and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.

18.7 Exceptions to Arbitration

Notwithstanding the above, you or What A Fun may bring an individual action in small claims court if the claim qualifies and remains in small claims court.

Additionally, disputes regarding the validity, scope, or enforceability of this arbitration agreement may be resolved by a court.

18.8 No Class Actions

You and What A Fun agree that Disputes will be resolved only on an individual basis and not as a class action, class arbitration, or any other kind of representative proceeding. See Section 19 (Class Action Waiver) below.

18.9 Opt-Out Right

You have the right to opt out of this arbitration agreement. To opt out, you must send written notice to support@what-a-fun.com within thirty (30) days of first accepting this Agreement. Your opt-out notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement.

If you opt out, all other terms of this Agreement will continue to apply, but neither you nor we will be required to arbitrate Disputes.

18.10 Changes to Arbitration Terms

If we make any material changes to this arbitration section, we will notify you and you will have thirty (30) days from the date of notice to opt out. If you do not opt out, the new arbitration terms will apply to all Disputes.

18.11 Severability of Arbitration Provision

If any portion of this arbitration section is found to be unenforceable, the unenforceable portion shall be severed and the remaining arbitration terms shall be enforced (but in no case shall there be a class or representative arbitration).

19. CLASS ACTION WAIVER

YOU AND WHAT A FUN AGREE THAT ANY PROCEEDINGS TO RESOLVE DISPUTES, WHETHER IN ARBITRATION OR IN COURT, WILL BE CONDUCTED SOLELY ON AN INDIVIDUAL BASIS.

NEITHER YOU NOR WHAT A FUN WILL SEEK TO HAVE ANY DISPUTE HEARD AS A CLASS ACTION, PRIVATE ATTORNEY GENERAL ACTION, OR IN ANY OTHER PROCEEDING IN WHICH EITHER PARTY ACTS OR PROPOSES TO ACT IN A REPRESENTATIVE CAPACITY.

NO ARBITRATION OR PROCEEDING WILL BE COMBINED WITH ANOTHER WITHOUT THE PRIOR WRITTEN CONSENT OF ALL PARTIES TO ALL AFFECTED ARBITRATIONS OR PROCEEDINGS.

IF THE CLASS ACTION WAIVER IS FOUND TO BE ILLEGAL OR UNENFORCEABLE AS TO ALL OR SOME PARTS OF A DISPUTE, THEN THOSE PARTS WILL NOT BE ARBITRATED BUT WILL PROCEED IN COURT, WITH THE REMAINDER PROCEEDING IN ARBITRATION.

You have the right to opt out of the class action waiver by following the opt-out procedure in Section 18.9 above.

20. GOVERNING LAW AND JURISDICTION

20.1 Governing Law

This Agreement and any Disputes will be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to its conflict of laws principles.

The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

20.2 Exclusive Jurisdiction

For any Disputes not subject to arbitration (as set forth in Section 18), you agree that such Disputes will be resolved exclusively in the state and federal courts located in New Castle County, Delaware, and you consent to the personal jurisdiction of such courts.

20.3 Waiver of Jury Trial

To the extent permitted by law, you waive any right to a jury trial in any proceeding arising out of or related to this Agreement.

20.4 International Users

If you access the Services from outside the United States, you do so at your own risk and are responsible for compliance with local laws. By using the Services, you consent to the application of Delaware law and jurisdiction as set forth above.

21. SEVERABILITY

If any provision of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable. If such modification is not possible, the invalid provision shall be severed from this Agreement.

The invalidity or unenforceability of any provision shall not affect the validity or enforceability of any other provisions of this Agreement, which shall remain in full force and effect.

22. ENTIRE AGREEMENT

This Agreement, together with our Privacy Policy and any other legal notices or policies published by us, constitutes the entire agreement between you and What A Fun LLC concerning the Services and supersedes all prior or contemporaneous agreements, communications, and proposals (whether oral, written, or electronic) between you and What A Fun.

No amendment, modification, or waiver of any provision of this Agreement shall be effective unless in writing and signed by an authorized representative of What A Fun.

23. ASSIGNMENT

You may not assign, transfer, or delegate this Agreement or any of your rights or obligations hereunder, in whole or in part, without our prior written consent. Any attempted assignment, transfer, or delegation without such consent will be null and void.

We may assign, transfer, or delegate this Agreement and our rights and obligations without restriction, including to any affiliate, subsidiary, successor, or purchaser of all or substantially all of our assets or business.

Subject to the foregoing, this Agreement will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

24. NO WAIVER

No waiver by What A Fun of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition.

Any failure by What A Fun to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

25. FORCE MAJEURE

What A Fun shall not be liable for any failure or delay in performance of its obligations under this Agreement due to causes beyond its reasonable control, including but not limited to:

Acts of God, natural disasters, epidemics, pandemics
War, terrorism, civil unrest, or government actions
Labor disputes, strikes, or lockouts
Internet, telecommunications, or network failures
Cyberattacks, hacking, or security breaches
Hardware or software failures
Any other events beyond our reasonable control

26. EXPORT COMPLIANCE

The Services may be subject to export control and economic sanctions laws and regulations of the United States and other jurisdictions. You represent and warrant that you are not:

Located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions
Identified on any U.S. government list of prohibited or restricted parties (such as the Specially Designated Nationals and Blocked Persons List)

You agree to comply with all applicable export control and sanctions laws and will not use the Services in violation of such laws.

27. U.S. GOVERNMENT RIGHTS

The Services are "commercial computer software" and "commercial computer software documentation" as those terms are used in 48 C.F.R. §2.101. If you are a U.S. government entity, you acquire the Services with only those rights set forth in this Agreement, in accordance with 48 C.F.R. §227.7202 and 48 C.F.R. §12.212.

28. APPLE AND GOOGLE SPECIFIC TERMS

28.1 Apple App Store

If you download the Services from the Apple App Store, you acknowledge and agree that:

This Agreement is between you and What A Fun, not Apple, and What A Fun is solely responsible for the Services
Apple has no obligation to provide maintenance or support services for the Services
If the Services fail to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to the Services
Apple is not responsible for addressing any claims by you or any third party relating to the Services or your possession and use of the Services, including but not limited to: (a) product liability claims; (b) any claim that the Services fail to conform to applicable legal or regulatory requirements; and (c) claims arising under consumer protection or similar legislation
In the event of any third-party claim that the Services or your possession and use of the Services infringes that third party's intellectual property rights, What A Fun (not Apple) will be solely responsible for the investigation, defense, settlement, and discharge of any such claim
Apple and its subsidiaries are third-party beneficiaries of this Agreement, and upon your acceptance of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary
You represent and warrant that: (a) you are not located in a country subject to a U.S. Government embargo or designated as a "terrorist supporting" country; and (b) you are not listed on any U.S. Government list of prohibited or restricted parties
You must comply with applicable third-party terms when using the Services (e.g., you must not be in violation of your wireless data service agreement when using the Services)

28.2 Google Play Store

If you download the Services from Google Play, you agree to the Google Play Terms of Service available at https://play.google.com/about/play-terms.html.

You acknowledge that Google is not responsible for the Services or this Agreement, and Google has no obligations or liabilities to you with respect to the Services.

29. DMCA COPYRIGHT POLICY

29.1 Copyright Infringement Notification

What A Fun respects the intellectual property rights of others and expects users to do the same. If you believe that your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Services, please notify us pursuant to the Digital Millennium Copyright Act ("DMCA").

29.2 DMCA Notice Requirements

To file a DMCA notice, please provide the following information to our Copyright Agent:

A physical or electronic signature of the copyright owner or person authorized to act on their behalf
Identification of the copyrighted work claimed to have been infringed
Identification of the material that is claimed to be infringing and information reasonably sufficient to permit us to locate the material (such as a URL)
Your contact information, including your name, address, telephone number, and email address
A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the copyright owner

29.3 Copyright Agent Contact

What A Fun LLC
Attn: Copyright Agent
Email: support@what-a-fun.com

29.4 Counter-Notice

If you believe that material you posted was removed or access to it was disabled by mistake or misidentification, you may file a counter-notice containing the following information:

Your physical or electronic signature
Identification of the material that has been removed or disabled and the location where it appeared before removal
A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification
Your name, address, telephone number, and email address
A statement that you consent to the jurisdiction of the federal court in Delaware and that you will accept service of process from the person who filed the original DMCA notice or their agent

29.5 Repeat Infringers

We may terminate the accounts of users who are repeat copyright infringers.

30. CONTACT INFORMATION

If you have questions, concerns, or complaints about this Agreement or the Services, please contact us:

What A Fun LLC
Email: support@what-a-fun.com

Types of inquiries we handle:

Questions about this Agreement or our policies
Account issues, suspensions, or bans
Technical support and bug reports
Payment and billing inquiries
Refund requests
Copyright or intellectual property concerns
Privacy and data requests
General feedback and suggestions

Response Time: We aim to respond to all inquiries within 48-72 hours, though response times may vary depending on the volume of requests.

ACKNOWLEDGMENT AND ACCEPTANCE

BY DOWNLOADING, INSTALLING, ACCESSING, OR USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS AND CONDITIONS.

IF YOU DO NOT AGREE TO THIS AGREEMENT, DO NOT USE THE SERVICES.

This Agreement was last updated on January 10, 2025.