Terms of Service
Please read these Terms of Service ("Terms") carefully before using any product or service offered by Beijing Fengxunda Technology Co., Ltd. By accessing or using our services, you agree to be bound by these Terms. If you do not agree, do not use our services.
1. About Us
Beijing Fengxunda Technology Co., Ltd. ("Fengxunda," "Company," "we," "us," or "our") is a technology enterprise registered in China, headquartered at No.205-098, No.7, Juyuan W. Road, Mapo Town, Shunyi District, Beijing, 100000, China. We develop, operate, and publish mobile applications and games worldwide, and provide technology services to business clients across the global market.
2. Acceptance of Terms
By downloading, installing, or using any Fengxunda application or accessing our website, you represent that:
- You are at least the minimum age required in your jurisdiction to enter into a binding agreement (18 in most jurisdictions, or 13+ with parental consent where applicable).
- If you are under the required age, a parent or legal guardian has read and agreed to these Terms on your behalf.
- You have the legal capacity to enter into this agreement.
- You will comply with all applicable local, national, and international laws and regulations.
3. Our Services
Fengxunda provides three categories of services:
3.1 App Operations Management
We provide end-to-end operational management for third-party app and game publishers, including ASO, user acquisition, monetization optimization, data analytics, and live operations. Services are governed by individual client agreements.
3.2 Contract Research & Development
We develop mobile applications and games on a contract basis. Deliverables, milestones, IP ownership, payment terms, and warranties are defined in separate project agreements.
3.3 Self-Published Products
We develop, publish, and operate our own mobile applications and games globally on the Apple App Store and Google Play Store. These products are subject to the additional terms in Sections 5, 6, and 7 of this document.
4. User Conduct
When using our services, you agree not to:
- Violate any applicable law, regulation, or third-party rights.
- Exploit, hack, reverse-engineer, decompile, or tamper with any part of our services.
- Use automated scripts, bots, or tools to access or scrape our services.
- Engage in cheating, exploiting game mechanics, or using unauthorized third-party software.
- Harass, threaten, defame, or harm other users.
- Upload or transmit malware, viruses, or harmful code.
- Create fake accounts or impersonate other individuals or entities.
- Attempt to gain unauthorized access to our systems, other users' accounts, or related infrastructure.
- Commercially exploit our content without prior written authorization.
Violation may result in immediate suspension or termination of access.
5. In-App Purchases & Subscriptions
5.1 Billing
All in-app purchases and subscriptions in our self-published products are processed by the applicable platform:
- Apple App Store: Purchases are processed by Apple Inc. Your Apple ID billing agreement governs the transaction. See Apple's Terms of Sale.
- Google Play Store: Purchases are processed by Google LLC. Your Google account payment method governs the transaction. See Google Play Terms of Service.
We do not directly handle payment card or banking information.
5.2 Virtual Currency & Items
Virtual currencies, items, or game assets ("Virtual Goods") held within our applications:
- Have no real-world monetary value and are not redeemable for cash.
- Are licensed to you on a limited, non-transferable basis.
- May be modified, reduced, or removed at our discretion, including if you breach these Terms.
- Are not transferable between accounts unless explicitly stated.
5.3 Subscriptions
Auto-renewable subscriptions renew automatically at the end of each billing period unless cancelled at least 24 hours before the period ends. You can manage or cancel subscriptions through your Apple ID settings or Google Play account settings.
5.4 Refunds
All refund requests for App Store purchases must be submitted to Apple via reportaproblem.apple.com. All refund requests for Google Play purchases must be submitted to Google. Fengxunda does not process refunds directly but will cooperate with platform refund processes as required.
6. Apple App Store — Additional Terms
If you access our services via the Apple App Store:
- These Terms are between you and Fengxunda only, not with Apple Inc.
- Apple has no obligation to provide maintenance or support for our apps.
- Apple is not responsible for any claims related to our apps, including product liability, legal compliance, or consumer protection.
- In the event of a warranty claim, Apple may refund the purchase price if applicable. Apple has no other warranty obligation.
- Apple and its subsidiaries are third-party beneficiaries of these Terms and may enforce them against you.
- You represent that you are not located in a U.S.-embargoed country or on any U.S. government prohibited party list.
- Compliance with applicable third-party agreements, including Apple's App Store Terms of Service, is required.
7. Google Play Store — Additional Terms
If you access our services via the Google Play Store:
- These Terms are between you and Fengxunda. Google is not a party to this agreement.
- Google is not responsible for our apps or their content.
- You must comply with the Google Play Terms of Service in addition to these Terms.
- Google Play's policies govern app installation, updates, and removal from the Play Store.
8. Intellectual Property
8.1 Our Content
All content, software, trademarks, logos, graphics, text, and technology within our services ("Company Content") is the exclusive property of Fengxunda or its licensors and is protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or create derivative works without our express written permission.
8.2 License Grant
Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use our apps and services for personal, non-commercial purposes.
8.3 User Content
If our services allow you to submit content (e.g., reviews, in-game creations, comments), you grant Fengxunda a worldwide, royalty-free, perpetual, irrevocable license to use, reproduce, modify, and display such content in connection with our services. You represent that you own or have rights to submit such content and that it does not infringe third-party rights.
8.4 Feedback
Any feedback, suggestions, or ideas you provide about our services may be used by us without compensation or attribution.
9. Privacy
Your use of our services is also governed by our Privacy Policy, which is incorporated into these Terms by reference. Please review it carefully.
10. Disclaimer of Warranties
OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR UNINTERRUPTED ACCESS. WE DO NOT WARRANT THAT OUR SERVICES WILL BE ERROR-FREE, VIRUS-FREE, OR THAT DEFECTS WILL BE CORRECTED. YOUR USE OF OUR SERVICES IS AT YOUR SOLE RISK.
11. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FENGXUNDA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, DATA, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN JURISDICTIONS THAT DO NOT ALLOW LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IN SUCH CASES, OUR AGGREGATE LIABILITY SHALL NOT EXCEED THE AMOUNT YOU PAID TO US IN THE THREE MONTHS PRECEDING THE CLAIM, OR USD $100, WHICHEVER IS GREATER.
12. Indemnification
You agree to indemnify, defend, and hold harmless Fengxunda and its affiliates from and against any claims, liabilities, damages, losses, and expenses, including reasonable legal fees, arising out of or in connection with: (a) your use or misuse of our services; (b) your violation of these Terms; (c) your violation of applicable law or third-party rights; or (d) content you submit through our services.
13. Governing Law & Dispute Resolution
13.1 Governing Law
These Terms shall be governed by and construed under the laws of the People's Republic of China, without regard to conflict-of-law provisions. Where mandatory consumer protection laws in your home jurisdiction provide greater protections, those protections shall also apply.
13.2 Dispute Resolution
Any dispute, controversy, or claim arising out of or related to these Terms or our services shall first be resolved through good-faith negotiation. If unresolved within 60 days, the dispute shall be submitted to the China International Economic and Trade Arbitration Commission (CIETAC) for arbitration in Beijing, under its rules in effect at the time of submission. The arbitration shall be conducted in English (or bilingual). The arbitral award shall be final and binding.
13.3 EU/UK Consumer Rights
If you are a consumer in the EU or UK, you may also have the right to use the European Commission's Online Dispute Resolution platform or seek redress through your local consumer protection authority, regardless of Section 13.2.
13.4 Class Action Waiver
To the fullest extent permitted by law, you waive the right to participate in class action lawsuits or class-wide arbitration. Each party must bring claims in its individual capacity.
14. Service Termination & Suspension
We reserve the right to suspend or terminate your access to our services, with or without notice:
- For violation of these Terms.
- For conduct harmful to other users, third parties, or us.
- Due to changes in business operations, app discontinuation, or regulatory requirements.
- Due to technical or security incidents.
Upon termination, your license to use our services ends immediately. Virtual Goods and account data may be permanently lost.
15. Changes to These Terms
We may update these Terms at any time. We will provide notice of material changes by updating the "Last Updated" date above and, where required by law or significant impact, by in-app notification or email. Continued use of our services after changes take effect constitutes acceptance. If you do not agree, you must discontinue use.
16. Severability & Entire Agreement
If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full force. These Terms, together with our Privacy Policy, constitute the entire agreement between you and Fengxunda regarding our services and supersede any prior agreements.
17. Contact
For questions about these Terms:
- Email: wangdongdong@fengxundatech.com
- Postal: Beijing Fengxunda Technology Co., Ltd., No.205-098, No.7, Juyuan W. Road, Mapo Town, Shunyi District, Beijing, 100000, China