Terms of Service
Please read these terms carefully before exploring Fun Circle Games.
1. Agreement to Terms & User Accounts
These Terms of Service constitute a legally binding agreement made between you, whether personally or on behalf of an entity ("you") and Fun Circle Games ("we", "us", or "our"), concerning your access to and use of our website (funcirclegames.com ) and the Creator Studio simulation software (collectively, the "Site").
To access certain features, you must register for an account. You represent that all registration information is accurate. You are solely responsible for maintaining the confidentiality of your account credentials, passwords, and multi-factor authentication (MFA) details. We utilize security validations (such as Cloudflare Turnstile) to safeguard account portals against unauthorized botanical access.
Age Eligibility: You must meet the minimum age requirements applicable in your jurisdiction to create an account and use our Services (for example, at least 13 years old in the United States, or 16 years old in certain European jurisdictions). If you do not meet the minimum age requirements to consent to data collection and processing in your jurisdiction, you are prohibited from creating an account or using the Services.
By accessing the Site, you acknowledge that you have read, understood, and agreed to be bound by all of these Terms of Service and our Privacy Policy. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND MUST DISCONTINUE USE IMMEDIATELY.
2. User Responsibility & Copyright
Critical Music & MIDI Upload Notice
You retain ownership of all content you upload to the Site. However, you are solely responsible for all content you upload, including but not limited to copyrighted songs, MIDI files, audio clips, and custom presets.
You explicitly represent and warrant that you own or have obtained all necessary licenses, rights, and permissions to use any media uploaded to or processed through Creator Studio. Fun Circle Games does not pre-screen or verify the ownership of uploaded content.
Exported Content Responsibility
Rendering or exporting a video using a song through our Site does NOT grant you redistribution rights for that music. You are solely responsible for compliance with copyright laws before publishing rendered content on social media (e.g. TikTok, YouTube Shorts).
3. Copyright Infringement & DMCA Policy
Fun Circle Games respects intellectual property rights and expects its users to do the same. We respond to notices of alleged copyright infringement that comply with the Digital Millennium Copyright Act ("DMCA").
If you believe your copyrighted work is being infringed on our site, please send a written takedown notice to our compliance team. To learn about notice requirements, designated agents, and our repeat infringer policies, please consult our detailed DMCA Policy.
4. Private Workspace & Cloud Storage
Fun Circle Games acts as a private creator workspace. Uploaded files remain private to your account and are not distributed publicly by default unless you choose to share your simulation showcase links.
While we provide cloud storage (via Cloudflare R2) for convenience, we do not guarantee storage permanence. Users are responsible for maintaining their own backups. Deleted or corrupted projects may not be recoverable. Inactive projects (no logins for 18 months) may be moved to archival storage or deleted after extended periods.
5. Rendering & Performance Disclaimers
Render times are estimated and not guaranteed.
Export failures may occur due to simulation complexity.
Resolution availability depends on subscription tier.
Cloud rendering queue priorities are subject to load balancing.
Beta engine features may crash or be unstable.
We reserve the right to modify or remove specific rendering filters.
6. Subscription, Billing & Merchant of Record
Premium subscriptions (Pro Creator, Studio Elite) are processed exclusively through our Merchant of Record, Paddle. Paddle handles all billing support, VAT/sales tax invoicing, and credit card processing.
Paid subscriptions are subject to auto-renewal at the end of each billing cycle (monthly or annually) unless cancelled. You can manage or cancel your subscription at any time through your authenticated Account Settings or Paddle's customer billing portals.
We do not offer refunds for digital goods once accessed or for partial subscription cycles. Refunds are only issued in exceptional circumstances (such as duplicate charges or verified system errors) or where required by local consumer protection laws.
7. Beta Access & Testing
If you are enrolled as a Beta Tester or granted temporary beta privileges, your access to experimental features, spawner systems, and rendering configurations is subject to our detailed beta program parameters.
We reserve the right to modify, restrict, or wipe testing database schemas at any time without notice. To review all responsibilities, data rules, and feedback requirements of the Beta Program, check our full Beta Terms.
8. Acceptable Use Guidelines
You agree not to use the Services to distribute unauthorized copyrighted media, reverse engineer rendering models, scrape creator projects, inject malware, or exploit WebGL simulations.
To view the exhaustive list of prohibited system behaviors, user abuse policies, and hardware/IP level ban enforcements, please read our full Acceptable Use Policy.
9. Account Suspension & Termination
We reserve the right to suspend or terminate your account and block access to the Services, at our sole discretion, without warning or liability, if:
- You violate these Terms of Service or our Acceptable Use Policy.
- You infringe on third-party intellectual property or copyright laws via uploaded audio/MIDI files.
- A payment failure occurs and remains unresolved through successive dunning retry windows.
- You engage in fraudulent activity, scripting exploits, or system load attacks.
10. Liability Limits
FUN CIRCLE GAMES IS NOT LIABLE FOR REVENUE LOSSES RESULTING FROM RENDER DELAYS, UPLOAD DISPUTES, OR COPYRIGHT STRIKES ON EXPORTED CONTENT.
11. Governing Law & Dispute Resolution
THIS AGREEMENT IS GOVERNED BY THE LAWS OF DELAWARE (USA) AND ENGLAND & WALES (UK). DISPUTES SHALL BE RESOLVED VIA BINDING ARBITRATION. COPYRIGHT CLAIMS WILL BE RESOLVED VIA OUR DMCA POLICY.
12. Contact
Us
Questions about these terms? Reach out to our legal department or support desk.