Effective Date:【2025.11.13】
Last Revision Date:【2025.11.13】
PLEASE READ THESE TERMS OF SERVICES CAREFULLY, INCLUDING OUR PRIVACY POLICY AND ACCOUNT TERMINATION AGREEMENT.
This Terms of Services ("TOS" or "Agreement") is a legally binding agreement between FEIYU TECHNOLOGY PTE. LTD. (Located at 2 VENTURE DRIVE, #20-08, VISION EXCHANGE, SINGAPORE 608526,"Feiyu," "we," "our," or "us") and you ("you" or "User"). This TOS governs your use of or access to Feiyu Game(s), our online website, any game-specific site, software systems, customer support, social media, community channels and/or any other online services provided by Feiyu and by any of our authorized third party (collectively the "Feiyu Services"), whether as a guest or a Registered User (as defined below). Use of Feiyu Services is also governed by our Privacy Policy, Account Termination Agreement, and other relevant policies.
Before you use Feiyu Services, please be sure to read the following, any software, electronic files, etc. relating to this Agreement shall be granted to you in accordance with this Agreement, and this Agreement shall also apply to any later releases and upgrades relating to Feiyu Services. By installing, copying, downloading, accessing or otherwise using Feiyu Services, you agree to be bound by the provisions of this Agreement.
NOTE FOR PARENTS AND GUARDIANS: YOU SHOULD NEVER ALLOW CHILDREN IN YOUR CARE TO USE ANY OF THE SERVICES WHILE UNSUPERVISED. PLEASE ENSURE THAT YOUR CHILDREN DO NOT GIVE OUT TOO MUCH PERSONAL INFORMATION, AND THAT THEY UNDERSTAND HOW TO USE THE SERVICES SAFELY.
"Feiyu Game(s)" refer to any game(s) that Feiyu has launched or in the future will launch, or any of its game(s) during the test process.
Feiyu Game(s) include but are not limited to the software of Feiyu Game(s) (including but not limited to the whole game software and any content, component, element or feature involved therein, including Cheat Detection), any patches, updates, and upgrades to the application, any related content, documentation, add-ons, supplements, any game-related services made available to you by Feiyu under this TOS, and/or any copy of the foregoing.
"Cheat Detection" refers to the functionality intended to identify Cheats. "Cheats" means programs, methods, processes or other programs with software or hardware on any formats that may give Users an unfair competitive advantage within Feiyu Game(s).
If you do not agree to install the Cheat Detection software or at any time remove or disable the Cheat Detection features, alone or make combination with Feiyu Game(s), the license granted to you under this TOS automatically terminates and you should immediately stop accessing any of the Feiyu Services.
Please note that the Feiyu Game(s) with the Cheat Detection software therein may collect and transmit details about your account, gameplay, and any potentially unauthorized programs and processes, subject to our Privacy Policy.
By registering or applying for an account with us, downloading the software of or playing any of the Feiyu Game(s) (including but not limited to updates, upgrades, patches), browsing our websites, accessing various online operation or maintenance services, or otherwise accessing any services provided by Feiyu, you are deemed to have read, understood, and accepted all the terms of this Agreement.
Feiyu reserves the right to amend, modify or revise this TOS and any of its supplements (including the Account Termination Agreement) from time to time and you agree to check periodically for new terms. By continuing to use Feiyu Services, you accept and agree to be bound by the latest version of the Agreement.
IF YOU DO NOT AGREE TO ANY TERM OF THIS AGREEMENT AND/OR ANY OF ITS SUPPLEMENTS, PLEASE DO NOT, EITHER DIRECTLY OR INDIRECTLY, USE OR ACCESS TO THE FEIYU SERVICES.
1. Feiyu Account
a. Registration of Account: You may be required to register or have a Feiyu Account ("Account") in order to use the Feiyu Services.
To create an Account, you must register as a User and accept this TOS, and all other policies, guidelines and rules referenced herein or published as part of Feiyu Services (including the Account Termination Agreement and Privacy Policy).
b. Account Eligibility: You may create an Account only if you are a natural person in your country/region of residence, and you are not an individual specifically prohibited by us from using the Feiyu Services.
c. Nicknames: When you successfully create an Account as a registered user ("User" or "Registered User"), you must select a username ("Nickname") for gameplay.
You are strongly discouraged from using your real name or any other personal identifiers as your Nickname for safety and privacy reasons.
You acknowledge and agree not to select a Nickname which is obscene, offensive, or otherwise inappropriate. We may (but are not obliged to) use automated or manual filters to detect or block Nicknames that we consider unacceptable. Such filtering is not comprehensive, and we reserve the right at any time to require you to change your Nickname or to suspend or terminate your Account if your Nickname or its uses violate any terms of this Agreement.
Should you choose to log in without an account via "Quick Game", "Guest" or other similar convenient modes (hereinafter referred to as "Quick Mode"), you acknowledge that Quick Mode accounts are not permanent, may not be recoverable, and may be lost if you delete the application, change devices, or experience device failure. Feiyu does not guarantee recovery of gameplay data, purchases or other records associated with Quick Mode accounts.
By using Feiyu Services without a registered Account, you are deemed to have agreed to this TOS and the Privacy Policy as applicable, with any necessary modification.
d. Accuracy of Information: By creating a Feiyu Account, you agree to:
(i) provide accurate, up-to-date and complete information about you whenever prompted or permitted by any site registration process ("Personal Data"); and
(ii) maintain and promptly update your Personal Data and keep your Personal Data accurate, up to date, and complete.
You acknowledge that inaccurate and / or outdated information may result in limitations on your Account functionality or our inability to provide Feiyu Services.
e. Account Security: You are responsible for keeping your Account secure and confidential (including email address and passwords). You further acknowledge that you are responsible for all actions taken on or through your Account, whether or not authorized by you.
f. Non-Transferability: Each Account is unique and personal to each User. You shall not transfer or otherwise make your Account information available to third parties, or use another User(s)' Account(s). If you sell or transfer your Account, we reserve the right to terminate your Account immediately without refund, credit, or compensation.
g. We may terminate your usership or Account at any time for any reason without any further formality if we have reason to believe that you have failed to comply with this Agreement. If your Account is so terminated, you will not be permitted to re-register as a User without our express permission. If you decide to terminate your usership or Account, please contact our support service, and the terms in the Account Termination Agreement shall apply.
h. You are responsible for maintaining the confidentiality of your Account information and if any third parties use your Account or otherwise access your Account, you may not claim compensation from Feiyu. In the event of theft, unauthorized use, or any other security breach pertaining to your Account, it is your responsibility to notify Feiyu immediately.
2. License Grant & License Conditions
2.1 License Grant
Feiyu grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable right to install and use the Feiyu Game(s) software on devices you legally own or control, solely for your personal entertainment and non-commercial purpose (the "License"). This License is conditioned on your continued compliance with this TOS, Privacy Policy, Account Termination Agreement, and all other guidelines and policies provided within the Feiyu Services.
You acknowledge that the Feiyu Game(s) software is licensed, not sold to you, under the License, and that all rights not expressly granted to you remain with Feiyu and its licensors.
2.2 License Conditions
a. You agree not to, either directly or indirectly, do or attempt to do any of the following actions with respect to any or all of the Feiyu Services:
i. Publish, upload, transmit, or otherwise disseminate information that is obscene, indecent, vulgar, pornographic, sexual or otherwise offensive or objectionable;
ii. Defame, libel, ridicule, mock, stalk, threaten, harass, intimidate, abuse anyone hatefully, racially, ethnically or otherwise offensive or objectionable to a portion of the public;
iii. Infringe contractual rights, personal and property rights, intellectual property rights and other rights and interests (including the rights of privacy, publicity or trade secret) of Feiyuor third parties;
iv. Develop, use or distribute any software, script code, plug-in unit, programs or applications that may cause an unfair competitive advantage;
v. Exploit, distribute or publicly inform third parties of any game error, miscue or bug, regardless of an intended advantage or not;
vi. Sell, lease, rent, license, sublicense or otherwise use whole or part of Feiyu Services and related contents, information, element for a commercial purpose;
vii. Copy, reproduce, adapt, reverse engineer, decompile, disassemble or otherwise create derivative works based on any of the Feiyu Services;
viii. Use illegal or inappropriate methods that may interrupt the operation of or otherwise exploit any of the Feiyu Services without authorization, including but not limited to extracting source code, hacking, cracking, distributing counterfeit software, complaining of false information, uploading or transmitting files (or attempting to do so) that contain viruses, Trojan horses, worms, time bombs, corrupted files or other unauthorized programs;
ix. Use, export, re-export or otherwise act or omit in violation of any applicable laws or local regulations; and/or
x. Allow or assist any third parties to do any of the above.
c. You acknowledge and agree that your use of the Feiyu Services shall comply with any applicable laws or local regulations, and that you will immediately stop using or accessing the Feiyu Services when local laws or local regulations so require.
d. Except as expressly authorized under this TOS, you may not copy the Feiyu Services in whole or part or any accompanying materials therein. Because the Feiyu Services contain our proprietary information, you agree: (i) to hold in the strictest confidence all code and any technical elements of the Feiyu Services, (ii) not to copy, reproduce, distribute, manufacture, reveal, report, publish, disclose or otherwise transfer any of our un-public information, and/or (iii) subject to all applicable law, not to make use of the Feiyu Services except for your individual enjoyment and non-commercial purpose.
e. Except expressly authorized herein, any use of the Feiyu Services in whole or part, without our prior written consent, is strictly prohibited and the License granted herein will be terminated. Feiyu expressly reserves the right to deny anyone access to the Feiyu Services at any time for any reason without prior notice. You further agree that Feiyu, if Feiyu deem it necessary, without any liability, shall be entitled to suspend or terminate providing any of the Feiyu Services or change the provided content at any time for any reason without prior notice.
f. Feiyu reserves the right, but is not obligated, to mediate, resolve, or otherwise get involved in disputes between Users. While Feiyu reserves the right to take action upon being alerted or informed of inappropriate game play or communications between Users made in connection with their access or use of the Feiyu Services, you are solely responsible for any interactions with other Users. By using the Feiyu Services, you acknowledge and accept that at any time there may be language or material accessible on or through the Feiyu Services that may be inappropriate for children and/or offensive to Users of any age, race, religion, gender. You agree that under no circumstances shall Feiyu be liable for any inappropriate or illegal behavior or language from other Users. If Feiyu determines in its sole discretion that any inappropriate User behavior or language was made or communicated from your Account, Feiyu reserves the right to suspend or terminate your access to the Feiyu Services and/or to take other enforcement actions as Feiyu deems necessary to safeguard its rights.
g. You further agree that Feiyu is not liable for the behavior of any other Users or third parties, including but not limited to any third parties' websites or services linked on or through the Feiyu Services.
3. User Contributions
a. The Feiyu Services may contain various websites, forums, communities, networks, or other interactive features that allow you to post, submit, publish, display, or transmit any content or materials on or through the Feiyu Services ("User Contributions"). Examples of User Contributions include any text, forum post, chat post, profile, widget, message, link, feedback, email, music, sound, graphics, picture, video, code, audio visual, or other materials appearing on or transmitted to or from the Feiyu Services.
Feiyu may monitor User Contributions but is not required to do so. We reserve the right to remove or restrict access to User Contributions at any time to comply with legal requirements or our guidelines as we deem necessary.
b. You are solely responsible for your User Contributions and all consequences arising from them. User Contributions shall not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing intellectual property rights, injurious to third parties, or otherwise inappropriate or objectionable, and may not consist of or contain viruses or other kinds of destructive script code, plug-in unit, programs or software.
c. By using Feiyu Services, you acknowledge that User Contributions are not private and may be accessed, disclosed, or preserved without prior notice to you for legal, operational, or enforcement purposes.
d. Any User Contributions originating from you will be considered non-confidential and non-proprietary and you confirm that you irrevocably and unconditionally grant Feiyu a global, fully paid up, royalty-free, perpetual, transferable, sub-licensable and unlimited right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works of, reformat, distribute, manufacture, sell, license, sublicense, transfer, rent, lease, transmit, communicate, publicly display, publicly perform, provide access to, or otherwise practice such User Contributions or any portion thereof, in any and all media, formats and forms, known now or hereafter devised. You understand that you shall not be entitled to claim any compensation, charges, fees, consideration, or other remuneration in connection with your User Contributions for any reason, including our exercise of the rights you grant to us in this section and that we are not obligated to exercise such granted rights. You also grant all other Users, who can access to your User Contributions, the right to use, copy, modify, display, perform, create derivative works from, communicate about or otherwise distribute your User Contributions on or through the Feiyu Service without prior notice, attribution or any kind of compensation to you. To the extent permitted by applicable laws and regulations, you hereby waive your "moral rights" or "droit moral" or any other similar legal rights and interests in any country and region worldwide in relation to your User Contributions.
e. You represent, warrant and/or accept, that the User Contributions:
(i) are accurate and not fraudulent or deceptive;
(ii) do not violate any rights or interests (including but not limited to intellectual property rights) of Feiyu and/or third parties. You understand that User Contributions may be copied by other Users and discussed within or outside of the Feiyu Services, and if you do not have the right to submit User Contributions for such use, it may subject you to liability. Please note that Feiyu takes no responsibility and assumes no liability for any content posted by you or any third parties.
f. We cannot guarantee that you will not encounter offensive content. You may report such content via our support service, and we will address it in accordance with our moderation policies and applicable laws.
4. Use of Account by Minors
a. The application of this section is subject to the applicable laws, regulations and all other policy(s) relating to the protection of minors in your country(s)/region(s) of residency, where applicable.
b. You acknowledge that to create an Account and use the Feiyu Services, you must be at least of the minimum age for consenting to Personal Data collection under the law in your jurisdiction.
c. By accepting this TOS, you acknowledge and affirm that you are legally and financially responsible for all actions using or accessing the Feiyu Services except as otherwise provided in this TOS for minors, whether or not authorized by you.
d. If you are under the legal age of majority in your country/region of residence ("minor" or "child"), your parent or legal guardian must review this Agreement and accept it on their own behalf. Subject to any applicable laws, regulations or rules regarding minors, a parent or legal guardian who has accepted this Agreement on their own behalf may permit a minor to use their Account, provided that the parent or legal guardian acknowledges and agrees that they are legally and financially responsible for all actions using or accessing the Feiyu Services, including the actions of any minor or child they allow to access their Account, whether or not authorized by the parent or legal guardian.If the laws of your jurisdiction contain different or mandatory provisions regarding minors, those provisions shall prevail.
5. Ownership/Intellectual Property
a. Feiyu shall own all rights, titles, and interests (including but not limited to the ownership, intellectual property rights, neighboring rights and other rights and interests) in and to the Feiyu Services under this TOS. You acknowledge that your use of the Feiyu Services does not confer you any right or interest or otherwise, in any aspect or feature of it, including but not limited to (if any) any in-game rewards, achievements, characters, Virtual Currency, levels and other content. You further acknowledge that any character data, game progress, game customization and/or other data pertaining to your use of the Feiyu Services may cease to be available to you at any time without prior notice in the sole discretion of Feiyu.
b. Any or all of the Feiyu Services (including trade secrets, database rights, copyright, patent, trademark and other intellectual property rights and interests thereof) are protected by any applicable laws (including but not limited to any applicable copyright laws and international treaties). To be specific, any materials that are part of the Feiyu Services ("Feiyu Materials", including but not limited to any content, websites, games, programs, tools, source codes, object codes, HTML, files, patches, updates, modifications, derivative works, printed or electronic documentation, instructions, design, Accounts, passwords, themes, concepts, stories, storylines, technology, architecture, logic, structure, sequence, organization, symbols, design, text, data, sounds, photographs, audio clips, audiovisual, video, artwork, graphics, logos, names, button icons, images of vehicles, accessories, virtual components, equipment, materials, selection and arrangement, titles, methods of operation, software, related documentation, and all other features contained in the Feiyu Services) are protected by applicable laws from unauthorized use.
c. You agree that any or all of the Feiyu Services may not be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, or sold in any form or by any means, in whole or in part, or otherwise exploited without Feiyu express prior written permission. Any use of Feiyu Materials, including but not limited to derivative works, requires the express prior written consent of Feiyu. Please note any unauthorized reproduction or redistribution of the Feiyu Services shall be prohibited and may result in severe legal penalties.
d. Feiyu remains the sole owner of rights, titles, and interests (including intellectual property rights, neighboring rights and other rights and interests) in and to the Feiyu Services. You acknowledge and agree that you do not have any right or interest as a result of using the Feiyu Services in any circumstance, except those explicitly granted to you under this Agreement.
6. User Content
a. "User Content" means feedback, suggestions, comments, ideas, and/or any other information, including but not limited to software and code, that you provide, publish, or otherwise communicate directly or indirectly to Feiyu or our agents pertaining to the Feiyu Services. You confirm that you irrevocably grant Feiyu a global, irrevocable, fully paid up, royalty-free, perpetual, sub-licensable, transferable, assignable, and unlimited license, allowing Feiyu to use, disseminate, copy, modify, sub-license, translate, publish, distribute, network transmit, publicize, promote, perform, display, create derivative works, sell, offer to sell and/or otherwise use User Content for any purposes. You further confirm that any User Content provided by you hereunder may not infringe intellectual property rights, related rights and/or other proprietary or personal rights. In addition, your participation in a "test period" or a "beta version" game or activities similar in nature is governed by separate agreements, and you agree to be bound by specific rules that apply to access to such games, for example, we may limit the duration of game play and the number of Users who have access to the game, and we reserve the right to modify or delete User game data. Please read these specific rules carefully, and we sincerely appreciate your participation in our beta version of the game and submission of User Content.
b. If any such right or interest in the User Content may not be licensed or transferred under any applicable laws (such as moral or other personal rights), you hereby expressly waive and agree not to assert any such rights, credit and/or claim for any compensation from Feiyu.
7. In-Game Currency and Goods
a. The Feiyu Services may include an opportunity for you to acquire virtual, in-game currency ("Virtual Currency"), including by purchasing a limited license to Virtual Currency for a fee. The Feiyu Services may also include the opportunity to acquire virtual, in-game digital items ("Virtual Goods"), including by purchasing a limited license to the Virtual Goods that may be paid for with real money or Virtual Currency.
When you pay to obtain such Virtual Currency or Virtual Goods, you acknowledge and agree that you are obtaining or purchasing the right to have your License include such Virtual Currency and Virtual Goods. You further acknowledge and agree that neither Virtual Currency nor Virtual Goods have any monetary value whatsoever and shall not be redeemed for any legal tender or any item with monetary value. Virtual Currency and Virtual Goods shall not be used in manner that may cause them to be classified as “stored value facilities”. Virtual Currency and Virtual Goods are not provided for investment purposes.
b. Regardless of any reference Feiyu might make outside this Agreement to purchasing or selling Virtual Currency or Virtual Goods, you acknowledge and agree that Feiyu grants you a personal, limited, revocable, non-exclusive, non-transferable and non-sublicensable licence to access and use Virtual Currency and Virtual Goods solely within the Feiyu Services.
Except as expressly permitted under this Agreement, you shall not transfer, sell, gift, exchange, trade, lease, sublicense, rent or otherwise use Virtual Currency or Virtual Goods whether within or outside the Feiyu Services. Any such action shall have no legal effect and may result in suspension or termination of your Account without refund.
Feiyu reserves and retains all other right, title, interest or otherwise, in and to the Virtual Goods and Virtual Currency and no ownership or proprietary rights are transferred to you at any time.
c. Feiyu reserves the right to modify, manage, control or eliminate Virtual Currency and/or Virtual Goods in its sole discretion. You acknowledge and agree that Feiyu may engage in actions that may impact the perceived value or purchase price, if applicable, of Virtual Currency or Virtual Goods at any time, except as otherwise required by applicable laws.
d. When you provide payment information to Feiyu or its authorized processor, you represent that you are an authorized User of any payment method specified by you, and you authorize Feiyu to charge such payment method(s) for the full amount of the transaction. You acknowledge and agree that any payment for the right to have your License include Virtual Currency and/or Virtual Good(s) is non-refundable and non-transferable, except as otherwise required by applicable law or when our policy would otherwise permit. You further acknowledge and agree that you are not entitled to a refund for any Virtual Currency, except as otherwise required by applicable law. Should you have any question regarding the refund policy, please contact our Data Protection Officer at global-support@feiyu.com.
e. You agree and acknowledge that due to the special nature of online game services, there are no transactions involving physical goods and the purchasing experience within the online game services.
8. Protection of Personal Information
All personal data and information collected from you is subject to the applicable laws and Feiyu shall every effort to ensure that your personal data is protected. Please refer to our Privacy Policy for further information regarding the processing of your personal data.
9. Inappropriate User Behavior and Language
a. Feiyu holds you accountable for your own behavior and language, encourages you to play Feiyu Game(s) in a healthy and civilized manner, and strictly prohibits you from any improper, illegal, unethical or objectionable behavior. You are prohibited from, in any way, claiming to be our employees or disseminating false information either to Feiyu or third parties, spreading vulgar information, posting illegal websites, spam advertisements or any information or materials involving drugs or otherwise attack, threaten or insult a portion or all of the Users. Any dissemination of plugins, Trojan horse programs, or any other kind of viruses is also strictly prohibited.
b. You are prohibited from engaging in, directly or indirectly:
i. vulgar expressions, coarse language, abusive behavior, verbal harassment, either towards Feiyu or other Users;
ii. use of any unapproved payment methods;
iii. use of cheating programs or other malicious game programs;
iv. dissemination of information or materials that violate popular customs, religious beliefs, habits or social morality of a portion or group of the public;
v. disclosing, furnishing, disseminating or otherwise making any of our or other Users' non-public information available to third parties;
vi. conducting yourself in an abusive, discriminatory, dishonest, unethical or illegal manner, including the use of hate speech and the spread of misinformation; and/or
vii. any other inappropriate behavior or language that may damage the reputation of Feiyu.
c. We reserve the right, but shall not be obligated to, mediate, resolve, or otherwise get involved in disputes between Users. Feiyu may, in its absolute and sole discretion, take such action as it deems necessary, including but not limited to, sending a warning, blocking communications, suspending, taking down, banning or terminating your Account temporarily or permanently, blocking logins, deleting game files or any such measure it deems appropriate.
We reserve and maintain the final right to interpret and take action according to relevant circumstances of your inappropriate behavior. To the extent permitted by law, Feiyu is not responsible and does not assume any liability for the behavior and language of any User.
d. If you breach this TOS or engage in any behavior whatsoever which is, in our sole discretion, an abuse and/or in violation of the spirit of the Feiyu Game(s) or is otherwise inappropriate or objectionable, we shall be entitled to, without prior notice, suspend your access to the Feiyu Services for an indefinite period of time, block your Account, terminate your access to the Feiyu Services, and/or terminate this TOS immediately without prior notice.
10. Indemnification
You agree to defend, indemnify, and hold harmless Feiyu and/or its affiliates, employees, officers, managers, directors, agents, shareholders from and against any claims, demands, liabilities, losses, injuries, damages, costs, or expenses (including but not limited to attorney fees, expert witness fees and other legal expenses) arising from or in connection with your breach or contravention or non-compliance with any provision of this TOS, Account Termination Agreement, Privacy Policy, or any of its supplements.
11. Injunctive Relief
Without prejudice to any other rights or remedies that Feiyu may have, in the event of any threatened or actual breach of this Agreement, you and Feiyu agree that, even without proof of special damages, Feiyu shall be entitled to injunction or other equitable remedy in addition to any damages or remedies to which Feiyu may be entitled to.
Insofar as permitted by applicable laws, you irrevocably waive all other rights to injunctive or other equitable relief and further agree to claim only monetary damages from Feiyu, except as otherwise provided in Section 19b herein.
12. Limitation of Liability
a.You agree that your use of the Feiyu Services shall be at your own risk. The service is provided on an "as is" and "as available" basis for your use, without warranties of any kind, express or implied, including without limitation the warranties of merchantability, fitness for a particular purpose, title, non-infringement, and those arising from course of dealing or usage of trade.
To the fullest extent permitted by applicable laws, Feiyu and/or its affiliates, employees, officers, managers, directors, agents and shareholders disclaim all representations, warranties and conditions of any kind, except as to the extent that such warranties or conditions cannot be excluded under the applicable laws.
b. Feiyu hereby disclaims all warranties, conditions and representations, either express, implied, oral or written. Feiyu makes no warranties about the accuracy or completeness of the Feiyu Services. Also, except as otherwise expressly provided by the applicable laws, Feiyu assumes no liability or responsibility for:
i. any errors, mistakes, or inaccuracies of the Feiyu Services;
ii. personal injury, property damage, lost profits, loss of data or any indirect, special, incidental, exemplary, consequential or punitive damages arising from your use of the Feiyu Services;
iii. any interruption, suspension or termination of the Feiyu Services;
iv. any bugs, viruses or similar links transmitted by third parties on or through the Feiyu Services;
v. any programs intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any personal information of you; and/or
vi. any damages arising from or in connection with unexpected circumstances (including but not limited to hacking, ransomware, computer virus, disruption to data and other illegal acts conducted by third parties) or otherwise beyond our reasonable control.
c. In no event shall Feiyu be liable to you or third parties for any indirect, incidental, punitive, special, exemplary or consequential damages (including, without limitation, loss of business, revenue, profits, use, data, or other economic advantage), however it arises, whether for breach of contract or in tort, even if Feiyu has been advised of the likelihood of such damages occurring.
d. Feiyu is not responsible for the content or function of any other websites and disclaims any liability for any aspects of such third-party websites via your direct access or through our websites or software functionality. The applicable terms of services and privacy policies of such third-party websites shall govern your use.
e. In any event, the maximum aggregate, cumulative liability of Feiyu and our members, officers, employees, directors, consultants, affiliates and shareholders will not exceed your direct damages, if any, up to the total amount paid by you to us (if any) during the three (3) months prior to your making a claim against Feiyu. These limitations and exclusions regarding damages apply even if any remedy provided by us fails to provide adequate compensation.
f. We are not liable for any damage, liability, loss (including any loss of data or profits) or any other consequences that you may incur as a result of any reliance on Feiyu Services.
g. The limitations and disclaimer in this section do not purport to limit liability or alter your rights as a consumer that cannot be excluded under the applicable law.
13. Modification
Feiyu reserves the right to amend, modify or revise this Agreement, Privacy Policy, Account Termination Agreement and its supplements from time to time in any way without prior notice to you. You agree to check periodically for new information and terms that govern your use of the Feiyu Services and you agree to be bound by all amendments, modifications and revisions. Your continued access to Feiyu Services will constitute your acceptance to the newly-updated Agreement and any agreements or policies therein.
14. Non-waiver
No failure or delay on the part of Feiyu in exercising any right, power or privilege hereunder shall operate as a waiver of it, nor shall any single or partial exercise of any such right, power or privilege preclude any other or further exercise of it or the exercise of any other right, power or privilege.
15. Notice
Feiyu may notify you via postings on [insert Feiyu’s website], notifications within Feiyu Game(s), notices placed through any media, via email or any other communication means through contact information you provide to Feiyu.
All notices required to be given by you to Feiyu under these TOS shall be in writing and addressed to [insert Address], Attn: [insert relevant officer]. Any notices that you provide without compliance with this Section on Notices shall have no legal effect.
Once any notice is dispatched or sent in any way listed above by Feiyu, it shall be deemed to have been served to you. If you do not agree to, please inform Feiyu in writing within 15 days as of the receipt of such notice. Otherwise, it shall be deemed that you have accepted and agreed to such notice.
16. Termination
Without limiting any other rights of Feiyu, this Agreement will terminate automatically without prior notice if you fail to comply with the terms of this Agreement or any agreements or policies referred herein. We may terminate the Agreement or restrict, suspend, or cancel your use of Feiyu Services at our discretion at any time, including if we determine that your use violates the terms, is improper, or otherwise involves fraud or misuse of Feiyu Services or harms our interests or those of another user. We shall notify you via e-mail or any other form of communication of such suspension, termination, or cancellation.
You may terminate this Agreement by submitting a Termination Request. Please refer to the Account Termination Agreement for further details on how to submit a Termination Request.
Notwithstanding the termination/expiration of this Agreement, your obligations accumulated prior to the termination/expiration shall still be fulfilled by you. Also, all the rights and interests of Feiyu and the authorization (if any) granted to Feiyu shall still remain in effect and survive the termination of this Agreement.
17. Severability
If any provision or part-provision of this Agreement is, becomes or is held for any reason whatsoever by any court or tribunal of competent jurisdiction to be void or declared illegal, invalid or unenforceable, then it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.
18. Dispute Resolution & Governing Law
a. Governing Law: This Agreement, and any dispute, claim, or controversy arising under or in connection with this Agreement, shall be governed by and construed in accordance with, the laws of Singapore without giving effect to any conflicts of law principles that require the application of the laws of a different jurisdiction.
For the avoidance of doubt, any matters concerning the validity, subsistence, or enforceability of any intellectual property rights shall be governed by the laws of the territory in which such intellectual property rights subsist.
b. Dispute Resolution: In the event of any dispute, we strongly encourage you to first contact us to seek a resolution at global-support@feiyu.com no less than thirty (30) calendar days before initiating arbitration proceedings (“Informal Dispute Resolution Process”). The Informal Dispute Resolution Process is intended to encourage cooperation and reduce unnecessary disputes, and shall occur upon the issuance of a written notice ("Written Notice of Dispute") in accordance with Section 22 (Notices). The Written Notice of Dispute must include (i) the full name and contact information of the issuing party, (ii) a description of the nature and basis of the dispute, (iii) state that the notice is issued pursuant to this clause, and (iv) set out the reliefs sought.
Any dispute, controversy, difference or claim arising out of or relating to this Agreement, including the existence, validity, interpretation, performance, breach or termination thereof or any dispute regarding non-contractual obligations arising out of or relating to it, shall be referred to and finally resolved by arbitration administered by the Singapore International Arbitration Centre (“SIAC”) under the SIAC Administered Arbitration Rules in force as at the date of the Notice of Arbitration (“Rules”), administered by one (1) arbitrator to be appointed in accordance with the Rules. The Rules are deemed to be incorporated by reference to this clause. The seat of arbitration shall be Singapore. The language of the arbitration shall be English.
For the avoidance of doubt, Section 19 shall survive the termination, expiration, suspension, or deactivation of your Account or this Agreement.
19. No Assignment
You shall not assign, transfer, charge, or sub-contract all or any of your rights or obligations under this Agreement without Feiyu’s prior written consent. Any attempted assignment or transfer in breach of this clause shall be void and may, at Feiyu’s sole discretion, result in the suspension or termination of any Feiyu Services without prior notice. Where applicable law does not permit such restrictions on transfer, this Agreement shall remain binding on you and on any person or entity that purports to assume your rights or obligations.
Notwithstanding the foregoing, Feiyu shall be entitled to, at any time assign, transfer, charge, or sub-contract all or any of its rights or obligations under this Agreement, whether in connection with a merger, acquisition, corporate restructuring, financing, or otherwise, without your consent.
20. Entire Agreement
This TOS, the Privacy Policy, Account Termination Agreement, and any supplemental policies and any documents expressly incorporated by reference herein, contain the entire understanding of you and Feiyu, and supersede all prior understandings of the parties hereto relating to the subject matter hereof, whether electronic, oral or written, or whether established by custom, practice, policy or precedent, between you and Feiyu with respect to Feiyu Services.
21. General
a. References to "include," "includes," and "including" shall be construed so as to mean include without limitation, includes without limitation and including without limitation, respectively.
b. Affiliate in this Agreement shall mean an entity that directly or indirectly, whether by acting in concert or otherwise, controls or is controlled by or is under common control with FEIYU TECHNOLOGY PTE. LTD. hereto, including but not limited to control through more than 50% of voting rights, control over how the majority of directors shall act or refrain from acting, and any other similar agreements, arrangements and any other form of control.
c. Feiyu may translate this Agreement into other languages. If there is any conflict or discrepancy between different language versions of this Agreement, the English version shall prevail.
d. You agree that Feiyu expressly reserves the right, at any time for any reason without prior notice and without any form of compensation, to suspend or deny you from using or accessing the Feiyu Game(s) and/or the Feiyu Services; to cease providing any services; and/or to change or add any portion of the Feiyu Services.
e. In case of any inconsistency between this Agreement and local laws of your country or region of residence, local laws shall prevail.
22. Contact
If you have any questions about this Agreement, please contact us at global-support@feiyu.com.
23. Force Majeure
Feiyu shall not be liable for any delay or failure to perform resulting from causes outside the reasonable control of Feiyu, including but not limited to, any failure to perform hereunder due to unforeseen circumstances such as acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, strikes, or shortages of transportation facilities, fuel, pandemic, energy, labour or material, nuclear or natural catastrophes, loss or malfunctions of utilities, communications or computer (software and hardware) services (including hacking, ransomware, computer virus, disruption to data) and curtailment, order, regulation, or restriction imposed by governmental authorities, or other events outside of the reasonable control of Feiyu.
FEIYU TECHNOLOGY PTE. LTD.