Buyer Terms of Service
These Buyer Terms of Service apply when you buy a product through a Fungies checkout. They govern the payment and transaction relationship between you and Fungies.
They are not the terms for the product itself. The product is provided by the seller you bought it from, and the seller's own terms govern how you may use it. Clause 2 explains the split and who to contact for what.
Nothing in these terms limits a right you have under mandatory consumer-protection law in the country where you live. Where those laws give you more than these terms do, those laws apply.
1. About these terms
- These terms form a contract between you and the Fungies entity identified at checkout and on your receipt — either Fungies Inc., 2100 Geng Road, Suite 210, Palo Alto, California 94303, United States, or Fungies Europe PSA, Al. Jerozolimskie 109 / 70, 02-011 Warsaw, Poland.
- They cover payment, the transaction, receipts and invoices, subscriptions and renewals, and refunds handled by Fungies.
- The version of these terms in force when your transaction completes is the version that governs it.
- In these terms, "Product" means the item, subscription, licence, download, or service you are buying; "Seller" means the business selling it; and "Transaction" means your payment for it.
2. Who is responsible for what
Fungies is the Merchant of Record for your purchase. That means Fungies is the legal seller of record for the payment, and the Seller is responsible for the Product. In practice:
- Fungies handles taking the payment, issuing your confirmation, receipt, and invoice, calculating and collecting applicable taxes, administering billing and subscription charges, processing refunds it is required or able to process, and responding to payment disputes and chargebacks.
- The Seller handles the Product itself — what it does, whether it works, delivery and access, licence keys, updates, technical support, and any product warranty. The Seller decides whether to change, update, or discontinue the Product, on the terms it has published.
- Who to contact For anything about the payment — a charge you do not recognise, a receipt or invoice, a subscription renewal, a refund request — contact Fungies at support@fungies.io, or use the channel shown on your receipt. For anything about the Product — it will not download, a key does not work, it is not what you expected, you need help using it — contact the Seller first, using the contact details on the Product page or in the Seller's terms. The Seller is usually the only party that can actually fix a product problem.
- Fungies does not make the Product Fungies does not create, control, test, or endorse the Products sold through its checkout, and is not a party to your licence for the Product. That the checkout is operated by Fungies is not a recommendation of the Seller or a guarantee of the Product.
3. Eligibility and your account
- You must have the legal capacity to enter a contract in the country where you live. If you are buying on behalf of a business, you confirm you are authorised to do so.
- The information you give at checkout — your name, email address, billing address, and payment details — must be accurate and current. Tax is calculated partly from your location, so an inaccurate billing address can produce an incorrect charge.
- If a purchase creates an account or a customer portal, you are responsible for keeping your credentials secure and for activity that occurs under them. Tell us promptly at support@fungies.io if you believe your account has been used without your permission.
- Fungies may decline, cancel, delay, or investigate a Transaction where it reasonably suspects fraud, or where legal, sanctions, or payment-network requirements call for it.
4. Product information and the Seller's terms
- The Seller supplies the Product description, price, technical requirements, and licence scope. Read them before buying, particularly the technical requirements — a Product that will not run on your device is not usually a payment problem.
- Your use of the Product is governed by the Seller's terms and licence, not by these terms. Where the Seller's terms conflict with these terms, these terms govern the payment and the Seller's terms govern the Product.
- If a Product description is materially wrong, or the Product is materially different from what was described, tell the Seller and tell Fungies at support@fungies.io. Fungies can act on that in its role as Merchant of Record even though it did not write the description.
5. Prices, taxes, and payment
- When you complete checkout you authorise Fungies to charge the total shown to you. That total includes the Product price, applicable taxes, and any fee disclosed before you confirm. Fungies will not add a charge you were not shown.
- A Transaction is complete only when payment is authorised. An order confirmation that precedes authorisation is not acceptance of your order.
- Fungies may decline or cancel an order where payment fails, where a price was displayed in error, or where it reasonably suspects fraud. If payment has already been collected on an order that is then cancelled, Fungies will refund it, subject to applicable law.
- Applicable taxes are calculated on the basis of your location and the Product category, and are shown separately or as part of the total, depending on local requirements and the Seller's price display. Your receipt or invoice identifies the Fungies entity that is the legal seller of record.
- If your payment method is denominated in a different currency from the Transaction, your bank or card issuer may apply its own conversion rate and fees. Those are set by your provider, not by Fungies.
6. Subscriptions, trials, and renewals
- If you buy a subscription, you authorise Fungies to charge your payment method automatically at the stated billing interval until you cancel. The price, interval, and renewal date are shown before you confirm and on your receipt.
- If you start a free or discounted trial, the terms of the trial — how long it lasts, what happens at the end, and the price that follows — are shown before you begin. Converting a trial to a paid subscription requires your authorisation, and you will be given any notice the law requires before the first paid charge.
- You can cancel a subscription at any time. Cancellation takes effect at the end of the billing period you have already paid for, unless the law requires otherwise. Cancelling stops future renewal charges; it does not by itself create a refund for the period already paid.
- If a renewal payment fails, Fungies may retry it, and the Seller may suspend or cancel your access. Fungies will tell you where it is required or practical to do so.
- If the price or the material terms of a subscription change, you will be given the notice the law requires before the change takes effect, and you may cancel before the next renewal if you do not accept it.
7. Refunds, cancellations, and withdrawal rights
- Statutory rights come first Nothing in this clause limits a refund, cancellation, or withdrawal right you have under mandatory consumer law. If you live in the European Union, the EEA, or the United Kingdom, you may have a statutory right to withdraw from a purchase of digital content within 14 days. That right can be lost if you agreed to immediate delivery and acknowledged losing it — which is common for an instant download — so the confirmation you saw at checkout matters here.
- The Seller's refund policy Beyond your statutory rights, the Seller's published refund policy applies. It is presented to you before purchase and is incorporated into these terms for your Transaction.
- Where to start For a Product problem — it does not work, will not download, is not as described — contact the Seller first. They can often resolve it faster than a refund can. For a payment problem, or if the Seller does not respond in a reasonable time, contact Fungies at support@fungies.io with your order number.
- What Fungies can do As Merchant of Record, Fungies can issue a refund where the law requires it, where the Seller's policy provides for it, where you have a valid cancellation, or where Fungies decides a refund is appropriate. Fungies is generally the party that issues the money back, even where the Seller bears its cost.
- Effect of a refund A refund is normally returned to the payment method you used, and may take several days to appear depending on your bank. A refund may end your access to the Product, your licence, or your subscription benefits.
8. Chargebacks and charges you do not recognise
- Fungies appears as the merchant on your statement, so a charge for a Product you bought may not carry the Seller's name. If you do not recognise a charge, contact support@fungies.io with the date, amount, and last four digits of the payment method, and Fungies will identify it for you.
- Please contact Fungies before starting a chargeback with your bank or card issuer. A chargeback is slower than a refund in most cases, and it may cancel your access to the Product while it is investigated.
- Nothing in these terms limits your right to dispute a charge with your bank or card issuer under applicable law or card-scheme rules.
- Repeatedly disputing charges that are valid, or disputing a charge for a Product you have used and kept, may result in restrictions on future purchases through Fungies.
9. Acceptable use and intellectual property
- You may use the Fungies checkout only for lawful purposes. You must not interfere with it, attempt to circumvent payment or fraud controls, test payment methods that are not yours, submit false information, or use it to launder funds or evade taxes or sanctions.
- Fungies owns the checkout, payment interfaces, and related materials. The Seller, or its licensors, owns the Product. Buying a Product gives you the licence the Seller grants — no more — and gives you no rights in Fungies' own materials.
- If you believe a Product sold through a Fungies checkout infringes your intellectual property, email contact@fungies.io with the Product name, the Seller, the URL, a description of your right, and evidence supporting your claim.
10. Availability, suspension, and cancellation
- Fungies may suspend or cancel a Transaction, a payment method, or access to its checkout where necessary to comply with law, prevent fraud, protect security, or meet a payment-network requirement.
- The Seller may separately suspend or end your access to the Product under its own terms. Fungies does not control that decision.
- Fungies does not guarantee that a particular Product, Seller, payment method, currency, or feature will always be available.
11. Warranties and liability
- Statutory rights are unaffected This clause applies only so far as the law allows. It does not exclude or limit liability for death or personal injury caused by negligence, for fraud, or for anything else that cannot lawfully be excluded — and it does not affect the statutory guarantees you have as a consumer.
- Product warranties Fungies does not warrant that a Product will be uninterrupted, error-free, fit for a particular purpose, or compatible with your device. Any product warranty comes from the Seller or from mandatory law.
- Indirect loss So far as the law allows, Fungies is not liable for indirect, incidental, special, punitive, or consequential loss, or for loss of profit, revenue, data, or goodwill.
- Cap So far as the law allows, Fungies' total liability in connection with a Transaction is limited to the amount you paid for that Transaction.
12. Privacy
- Fungies collects and uses your personal data as described in its Privacy Policy at https://fungies.io/privacy-policy.
- To complete your purchase, Fungies shares what is necessary with the Seller and with its payment, tax, fraud-prevention, and communications providers. The Seller needs enough information to deliver the Product and support you.
- Once the Seller holds your data, the Seller's own privacy notice governs what it does with it. Fungies is not responsible for the Seller's handling of your personal data.
- Fungies keeps records of your Transaction for as long as tax, accounting, and anti-money-laundering law requires, even after a refund.
13. Complaints and disputes
- For a payment complaint, email support@fungies.io with your order number, the email address used at checkout, and a description of the problem. Fungies aims to acknowledge complaints promptly and to resolve them without formal proceedings wherever possible.
- For a Product complaint, contact the Seller through the Product page or the Seller's terms.
- These terms are governed by the laws of the State of Delaware, United States, excluding its conflict-of-laws rules.
- If you are a consumer The previous paragraph does not deprive you of the protection of the mandatory consumer law of the country where you live, and does not prevent you from bringing proceedings in the courts of that country where mandatory law gives you that right. Consumers in the European Union and the EEA may also be able to use their national alternative dispute resolution or online dispute resolution schemes.
14. Changes and other terms
- Fungies may update these terms from time to time. The version in force when your Transaction completes governs that Transaction.
- Updated terms may apply to future renewals of a subscription. You will be given the notice the law requires, and may cancel before the next renewal if you do not accept them.
- Fungies may transfer its rights and obligations under these terms to an affiliate, or in connection with a merger, acquisition, or sale of its business, provided your rights are not reduced.
- If a provision of these terms is found to be unenforceable, the rest continues to apply. A delay in enforcing a right is not a waiver of it.
- These terms, together with the Seller's refund policy, the disclosures shown to you at checkout, and the policies they refer to, are the entire agreement between you and Fungies about your Transaction.
15. Contact
- Payments, receipts, subscriptions, refunds support@fungies.io
- Legal and intellectual property contact@fungies.io
- Product help the Seller, via the Product page or the Seller's own terms
- Website https://fungies.io
The Fungies entity that is party to your Transaction, and its address, are shown on your receipt, invoice, or order confirmation.
The contracting entity for your purchase is shown on your receipt. Our entities are:
Fungies Inc., 2100 Geng Road, Suite 210, Palo Alto, California, 94303, United States, EIN: 92-0927516
Fungies Europe PSA, Al. Jerozolimskie 109 / 70, 02-011 Warsaw, Poland, KRS: 0001137340
Email: support@fungies.io