1. WELCOME TO 3FUN
1.1 What these terms cover. This document and any documents referred to within it (collectively, the "Terms of Service") set out the terms of your relationship with us when you access and use our mobile app (our "App" and, together with the services that we provide to you through our App, the "3Fun Service").
1.2 When these terms apply. These terms apply if you access the 3Fun Service from anywhere in the world other than the US. If you are accessing the 3Fun Service from the US, our US terms (here) will apply.
1.3 Why you should read them. It is important that you read and understand the Terms of Service before using the 3Fun Service. You must accept these Terms of Service before you sign up for, use or access the 3Fun Service. By signing up for, or continuing to use or access the 3Fun Service, you agree to comply with these Terms of Service. If there is anything within the Terms of Service that you do not understand, please contact us to discuss what this means for you.
1.4 Who we are. The 3Fun Service is operated by 3Fun Limited, a company registered in the Seychelles with its registered address at 306 Victoria House, Victoria, Mahe, Seychelles (“3Fun”, “we”, “our” or “us”).
1.5 Updates to these terms. The current version of the Terms of Service contains the only terms and conditions that apply to our relationship with you. Older versions of the Terms of Service will no longer apply to our relationship and will be completely replaced by the current version, which you can find at [link].
2. IMPORTANT WARNING2.1 Safety is our top priority. If we detect any activity on the 3Fun Service that suggests that you are not who you say you are, or that you are trying to hide your identity, we may ask you to provide an additional photo using your device's camera to prove that you are a real person and that the photos you upload to the 3Fun Service are of you and not someone else. We may suspend or terminate your access to the 3Fun Service if we are unable to conduct these checks and verify you as a genuine user.
3. PRIVACY & SECURITYYour privacy is important to us. Please read our Privacy Policy to understand how we collect, use and share information about you.
4. YOUR RIGHTS TO USE THE 3FUN SERVICE4.1 You must be at least 18 years old and be capable in your country of residence of entering into a legally binding agreement in order to use the 3Fun Service. You may not use the 3Fun Service if doing so is illegal in your country of residence.
4.2 You must have registered for and created a user account (“User Account”) with us to be able to access our App. You may register for and create a User Account for joint use with your partner (a “Couple Account”). Where we refer to “you” in these Terms of Service, we refer to you and your partner both together and as individuals. You may not create a User Account to use the 3Fun Service if you (or, for Couple Accounts, your partner) have been previously removed or banned by us.
4.3 The 3Fun Service may only be used by individual consumers for their personal and private use. You are not permitted to use the 3Fun Service for any commercial, business or for-profit purpose. Your right to use the 3Fun Service is personal to you and you are not allowed to give this right to another person, except that if you have created a Couple Account, you may share the account with the partner you have registered with for the Couple Account.
4.4 You are responsible for ensuring that any information that you provide to us is accurate and up to date, including your date of birth.
4.5 Your right to use the 3Fun Service does not stop us from giving other people the right to use the 3Fun Service.
4.6 You agree that you have no rights in or to any portion of the 3Fun Service other than the right to use the 3Fun Service in accordance with the Terms of Service.
5. THE SERVICES WE OFFER YOU5.1 We offer an online platform that allows users to search for and match with couples and singles to explore new and alternative relationships.
5.2 At our discretion, we may offer certain users access to certain new Platform features on a preview, early access or beta basis at no additional cost ("Beta Services"). Notwithstanding any other terms of the Terms of Service, Beta Services are provided "as is" to allow testing and evaluation of the relevant feature. We make no representations or warranties as to the performance, quality or functionality of Beta Services and we do not guarantee that Beta Services will be generally available, uninterrupted or error-free. As any Beta Services we provide will be for the purpose of testing new features, we cannot guarantee that they will work as expected.
6. FEES AND PAYMENT6.1 We may make certain features of the 3Fun Service accessible to eligible User Accounts free of charge. We may also make other features, as further described in our FAQs (“Paid Features”) available to User Accounts that have signed up for a subscription (“Subscription”) for the relevant fee (“Subscription Fee”).
6.2 Billing. When you sign up for a Subscription, you authorise us to charge the applicable Subscription Fee for the Subscription to the Apple App Store account or Google Play Account linked to your device. You confirm that you have the right to use the relevant account to make purchases on your device.
6.3 Renewal. When you sign up for a Subscription, you will have the option of choosing the duration of that Subscription (the "Subscription Period"). Your Subscription will automatically renew at the end of each Subscription Period, and we will charge you the applicable Subscription Fee at the beginning of each Subscription Period unless you cancel. Subscription Fees are automatically charged in accordance with the terms of the App Store from which you have downloaded the App and signed up to the Subscription.
6.4 Cancellation. You may cancel a Subscription at any time by completing the cancellation process in the App, through the applicable App Store, or by emailing us at support@go3fun.co and clearly stating that you wish to cancel your Subscription. To avoid being charged the Subscription Fee for the next Subscription Period, you will need to notify us 24 hours before the commencement of the next Subscription Period (if you notify us through the App or through the settings in the App Store) or 3 working days before the commencement of the next billing period (if you provide notice of cancellation to us in any other way). If you do so, your Subscription will terminate at the end of the current Subscription Period. If you cancel a Subscription part-way through a Subscription Period, you will not receive a refund for the remainder of the current Subscription Period unless you cancel within the cooling off period referred to in section 6.5.
6.5 Cooling off period. You can also cancel your Subscription for any reason within 14 days of the commencement or renewal of your Subscription. If you cancel your Subscription during this period, we will provide you with a refund in relation to the period after your cancellation takes effect.
6.6 Changes to Subscription Fees. When you purchase a Subscription, you will initially be charged the Subscription Fees applicable at the time of your agreement to subscribe. We may change the price of your Subscription at a later date, but we will always either seek your consent to the change or, for minor changes (and unless required under applicable law) give you at least 30 days' prior written notice. Any change will apply to the next payment due from you after the notice, provided that you have agreed to the change or, for minor changes, been given at least 30 days' prior notice before the charge is made. If you do not wish to pay the amended Subscription Fees, you may withhold your consent (where applicable) or cancel the Subscription as described in section 6.3 above, and you will not be charged further Subscription Fees, provided you have notified us at least 24 hours before the end of the current billing period.
7. RESTRICTIONS AND USER CONTENT7.1 The materials and content comprising the 3Fun Service belong to us or our third-party licensors and we give you permission to use these materials and content for the sole purpose of accessing and using the 3Fun Service in accordance with the Terms of Service.
7.2 You must submit at least one profile picture in order to use the 3Fun Service.
7.3 Any material you upload, submit or contribute to the 3Fun Service (including text, audio and images) in order to help match you with other users or use any other features we offer from time to time (including identity verification) ("User Content") must comply with the Rules of Acceptable Use in section 10 below and any other content standards that we notify you of from time to time.
- (a) the User Content complies with the Rules of Acceptable Use;
- (b) you are responsible for backing up and securing your User Content; and
- (c) you have the right to use and submit your User Content to the Platform.
7.5 7.5 You are responsible for maintaining the confidentiality of login details for your User Account and for any activities that occur under your User Account.
- (a) share such User Content with other users of the 3Fun Service to provide the social features of the 3Fun Service; and
- (b) maintain, provide, develop and improve the 3Fun Service and other products and features we may offer from time to time (including by sharing the User Content with our third party partners for data analysis and to improve machine learning model performance). We take the integrity of the 3Fun Service very seriously and we use AI for content moderation purposes. By providing access to your User Content, you help us make the 3Fun Service a safer place for all users. This is carried out with strict access controls and policies in place to protect your privacy – please read our Privacy Policy for further information on how we process and protect your personal data.
8.1 In addition to the other requirements within these Terms of Service, this section describes specific rules that you must follow when using the 3Fun Service (the "Rules of Acceptable Use").
- (a) take screenshots or screen recordings of, or otherwise copy or distribute, other users’ photos or profile details;
- (b) circumvent, disable or otherwise interfere with any security related features of the 3Fun Service or features that prevent or restrict use or copying of the content or materials accessible via the 3Fun Service;
- (c) give any false or misleading information or permit another person to use the 3Fun Service under your name or on your behalf;
- (d) impersonate any person, or misrepresent your identity or affiliation with any person or give the impression they are linked to us, if this is not the case;
- (e) use the 3Fun Service other than for its intended purpose as set out in these Terms of Service;
- (f) use the 3Fun Service if we have suspended your access to it, or have otherwise banned you from using it;
- (g) modify, interfere, intercept, disrupt or hack the 3Fun Service or collect any data from the 3Fun Service other than in accordance with these Terms of Service;
- (h) misuse the 3Fun Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which would harm the 3Fun Service or the equipment of any user of the 3Fun Service, or using any automated system, including without limitation "robots", "spiders" or "offline readers" to access the 3Fun Service in a manner that sends more request messages to the 3Fun Service than a human can reasonably produce in the same period of time;
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(i) submit or upload any User Content:
- (i) containing personal information (including images or voice clips) of people without their consent;
- (ii) containing personal information of anyone under the age of 18;
- (iii) containing nudity or pornographic material; or
- (iv) in respect of which you do not hold appropriate usage rights; or
- (a) defamatory to any person, deceptive, obscene, offensive, harmful or inflammatory;
- (b) bullying, insulting, threatening, intimidating or humiliating;
- (c) promoting or depicting sexually explicit material, violence, discrimination based on race, sex, religion, nationality, disability, sexual orientation or age, or is otherwise prejudicial to human dignity;
- (d) material depicting child sexual abuse; and/or
- (e) unlawful in any way or in breach of another party's rights (including intellectual property rights), or advocating, promoting or inciting any party to commit or assist any unlawful or criminal act.
- (a) immediate, temporary or permanent removal or deletion of your User Content;
- (b) immediate, temporary or permanent withdrawal of your right to use the 3Fun Service;
- (c) issuing of a warning to you;
- (d) legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach; and/or
- (e) disclosure of such information to law enforcement and other relevant authorities as we reasonably feel is necessary.
9.1 We are committed to ensuring that the 3Fun Service remains a safe place for all of our users. If we detect any unusual activity in relation to your User Account, [such as if the photos you upload of yourself to your User Account appear to show different individuals or are identified as stock images], we will ask you to confirm your identity by uploading a selfie taking by your device's camera ("verification photo") to your User Account using the applicable functionality on the 3Fun Service.
9.2 We may suspend your access to your User Account and the 3Fun Service if you fail to upload a verification photo within 7 days of our request, if the verification photo you upload does not show a live person or if we are unable to confirm whether the verification photo shows the same person as the other photos uploaded to your User Account. We may ask you to submit a new verification photo and restrict your access to your User Account and the 3Fun Service until we can confirm that you are who you say you are.
- (a) immediate, temporary or permanent withdrawal of your right to use the 3Fun Service;
- (b) disclosure of such information to law enforcement and other relevant authorities as we reasonably feel is necessary.
These actions are not limited and we may take any other action we reasonably deem to be appropriate.
Your right to end our relationship.
10.1 The Terms of Service take effect from when you first use the 3Fun Service and will remain in effect until terminated.
10.2 If at any time you do not feel that you can agree to the Terms of Service or any changes made to the Terms of Service or the 3Fun Service, you must immediately stop using the 3Fun Service and delete your User Account.
Our right to end our relationship.
10.3 If we determine that you have clearly, seriously or repeatedly breached the Terms of Service, including, in particular, the Rules of Acceptable Use, we may suspend or permanently disable your access to the 3Fun Service and/or terminate your Subscription. We may also disable or delete your User Account and/or terminate your Subscription if you repeatedly infringe other people's intellectual property rights or where we are required to do so for legal reasons.
10.4 We may also withdraw the 3Fun Service and/or terminate your Subscription for any reason as long as we give you at least 30 days' written notice that we plan to do this. If we terminate your Subscription in accordance with this section, we will provide a refund or partial refund of any pre-paid Subscription Fees in respect of any period falling after the date of termination.
10.5 We may also delete your User Account if you are inactive for a continuous period of 2 years.
What happens if you or we end our relationship.
10.6 We will stop providing services to you when one of us ends our contract.
10.7 If we suspend, disable or terminate your use of the 3Fun Service, we withdraw the 3Fun Service, or you delete your User Account as described in this section 8, we may delete or anonymise any information we hold about you. You will also lose any rights you have to use the 3Fun Service or access User Content. If you would like to access and download any User Content after your User Account is deleted, you can do so for a period of 1 month after your User Account is deleted (or 3 months if you have purchased a Subscription). Please contact support@go3fun.co if you need to access any User Content after your User Account is deleted.
10.8 We will not offer you any other compensation for any losses incurred by you on our ending of your right to use the 3Fun Service.
11. OUR RESPONSIBILITY TO YOU11.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms of Service, we are responsible for loss or damage you suffer that is a foreseeable result of our breaching these Terms of Service or our failing to use reasonable care and skill. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time the contract was made, both we and you knew it might happen.
11.2 You acknowledge that 3Fun’s role shall be limited to providing the 3Fun Service as an online platform for users to search for and match with other users and that 3Fun is not responsible for any communications or actions by or between users of the 3Fun Service that do not take place on the 3Fun Service.
11.3 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. Nothing in the Terms of Service is intended to exclude or limit our liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; or affect your statutory rights in the laws in your country of residence.
11.4 We will exercise reasonable care and skill in providing the 3Fun Service to you but, due to the nature of the internet and technology, any features of the 3Fun Service may be unavailable if we need to undertake any emergency or scheduled maintenance on our systems. This means that we are unable to promise that your use of the 3Fun Service will be uninterrupted, without delay, error-free, or meet your expectations and we do not give any commitment relating to the performance or availability of the 3Fun Service in these Terms of Service.
11.5 Security. We care about the integrity and security of your personal information and User Content. However, we cannot guarantee that unauthorised third parties will never be able to defeat our security measures or use your personal information or User Content for improper purposes.
11.6 Links to other websites. The 3Fun Service may contain links to web sites that we do not own or control. We bear no responsibility for the content or practices of any such web sites or services.
12. APP STORE TERMS12.1 This section 10 applies when you download and use our App.
12.2 These Terms of Service set out the terms of your agreement with us, and do not apply to your relationship with Apple, Inc, Google Ireland Limited or any other provider of an app store or distribution platform (an "App Store") from which you download the App (the "Store Provider").
12.3 3Fun, and not the Store Provider, will be solely responsible for the 3Fun Service, any content that 3Fun makes available through the 3Fun Service and any support or maintenance in respect of the 3Fun Service. The Store Provider will have no obligation to provide any maintenance or support services with respect to the 3Fun Service.
12.4 3Fun, not the Store Provider, will be solely responsible if the 3Fun Service does not comply with any warranties or other promises (including any promises made in respect of its functionality, suitability or fitness for purpose). To the maximum extent permitted by law, the Store Provider will not be responsible to you for any claims in relation to the 3Fun Service.
12.5 In the event of any claim that the 3Fun Service infringes another person's intellectual property rights, 3Fun, not the Store Provider, will be solely responsible for investigating, defending, settling or otherwise dealing with any such intellectual property infringement claim.
- (a) located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and
- (b) listed on any U.S. Government list of prohibited or restricted parties.
12.7 Each Store Provider (and members of its corporate group) is a third party beneficiary under these Terms of Service and has the right to enforce these Terms of Service against you.
13. RESOLVING DISPUTES13.1 Disputes between you and us. If you have a dispute with us relating to the 3Fun Service, we would welcome the opportunity to try and make things right and resolve the dispute with you ourselves. In the first instance please contact us at support@go3fun.co and attempt to resolve the dispute with us informally. In the unlikely event that we are not able to resolve a dispute informally, we will discuss and agree with you the most effective way of resolving the dispute.
13.2 Governing law and jurisdiction – users from the EEA and UK. If you are in the European Economic Area or the United Kingdom, these Terms of Service are governed by the law of the country in which you are resident, and we agree that any dispute arising from or related to the contract between you and us for the provision of the 3Fun Service will be heard in the courts of that country. If you are in Scotland or Northern Ireland, this means that you can also have your dispute heard in the Scottish or Northern Irish courts.
13.3 Governing law and jurisdiction – users outside the EEA and UK. If you are outside the European Economic Area or the United Kingdom, English law will apply to the Terms of Service, their subject matter and their formation, and you agree that we may bring claims before the courts of England and Wales. This does not affect your rights under the law of the country in which you are resident, including your right to have a dispute in relation to your use of the 3Fun Service heard in the courts of that country.
14. CHANGES TO THE 3FUN SERVICE14.1 We are constantly updating and improving the 3Fun Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the internet and the 3Fun Service.
14.2 In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the 3Fun Service, or feature relating to the 3Fun Service ("changes to the 3Fun Service"). These changes to the 3Fun Service may affect your past activities on the 3Fun Service and features that you use ("service elements"). Any changes to the 3Fun Service could involve your service elements being deleted or reset.
14.3 You agree that a key characteristic of our 3Fun Service is that changes to the 3Fun Service will take place over time and this is an important basis on which we grant you access to the 3Fun Service. Once we have made changes to the 3Fun Service, your continued use of the 3Fun Service will show that you have accepted any changes to the 3Fun Service. You are always free to stop using the 3Fun Service.
14.4 We will try, where possible and reasonable, to contact you to let you know about any significant changes to the 3Fun Service.
15. CHANGES TO THE DOCUMENTS15.1 We have the right to change or amend the terms of this contract at any time, however we will notify you of such changes by way of updates to these terms on our website. It is your responsibility to regularly check these terms and make yourself aware of any changes.
15.2 Changes will usually occur because of new features being added to the 3Fun Service, change in the law or where we need to clarify our position on something.
16. SOME NECESSARY FINAL DETAILS16.1 Third party rights and transfer. This contract is between you and us. It is private and no one else has any rights to enforce its terms. All of our rights and obligations under the Terms of Service are freely assignable or otherwise transferable by us in connection with a merger, acquisition or sale of assets, or by operation of law or otherwise. If we do assign or otherwise transfer our rights, the recipient will be responsible for providing the 3Fun Service and complying with our other obligations in these Terms of Service in the same way that we are.
16.2 Entire agreement. The Terms of Service make up the entire agreement between you and 3Fun regarding your use of the 3Fun Service. They supersede any prior agreements.
16.3 Invalidity. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
16.4 Delays. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date. For example, if you miss a payment, and we do not chase you, but we continue to provide you with access to the Paid Features, we can still require you to make the payment at a later date.
17. CONTACT AND FEEDBACK17.1 If you need to contact us in relation to the Terms of Service or any other document mentioned in them, please email us at support@go3fun.co.
17.2 If we need to contact you, we will do so by writing to you at the email address or phone number associated with your account, via push notifications through the App if you have enabled them, or by other legally permitted means. Please ensure your details are kept up to date. When we use the words “writing” or “written” in these terms, this includes emails, texts and push notifications (if enabled).
17.3 We value hearing from our users and are always interested in learning about ways we can improve the 3Fun Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.
