Legal

Terms and Conditions

Last updated: February 2026

Welcome to FusionKong. These Terms and Conditions ("Terms") govern your access to and use of the FusionKong website (fusionkong.com.au), our products, applications, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms.

1. Acceptance of Terms

By accessing or using our Services, you confirm that you are at least 13 years of age and agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you must not use our Services. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms.

2. Description of Services

FusionKong provides a range of digital products and services, including but not limited to:

  • Web applications and software-as-a-service (SaaS) platforms
  • Mobile applications for iOS and Android
  • Online multiplayer games and interactive experiences
  • IoT (Internet of Things) solutions and smart device integrations
  • AI-powered tools and services
  • Developer tools and productivity software

We reserve the right to modify, suspend, or discontinue any part of our Services at any time without prior notice. We shall not be liable for any modification, suspension, or discontinuation of the Services.

3. User Accounts

Some of our Services may require you to create an account. When creating an account, you agree to:

  • Provide accurate, current, and complete information
  • Maintain and promptly update your account information
  • Keep your password secure and confidential
  • Accept responsibility for all activities that occur under your account
  • Notify us immediately of any unauthorized access or use of your account

We reserve the right to suspend or terminate accounts that violate these Terms or are inactive for an extended period.

4. Intellectual Property

All content, features, and functionality of our Services — including but not limited to text, graphics, logos, icons, images, audio, video, software, and source code — are owned by FusionKong or its licensors and are protected by copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, publicly perform, republish, download, store, or transmit any material from our Services without our prior written consent, except as permitted by law.

Some of our projects are released as open source under specific licenses (e.g., MIT, Apache 2.0). Open-source projects are governed by their respective licenses, which can be found in the project repositories.

5. User Content

Our Services may allow you to submit, post, or share content ("User Content"). You retain ownership of your User Content but grant FusionKong a non-exclusive, worldwide, royalty-free license to use, reproduce, modify, and display your User Content in connection with providing and improving our Services.

You represent and warrant that:

  • You own or have the right to use and share the User Content
  • Your User Content does not violate any third-party rights
  • Your User Content does not contain unlawful, harmful, or offensive material

6. Prohibited Conduct

You agree not to:

  • Use the Services for any unlawful purpose or in violation of any applicable laws
  • Attempt to gain unauthorized access to our systems, servers, or networks
  • Interfere with or disrupt the integrity or performance of our Services
  • Upload or transmit viruses, malware, or other malicious code
  • Scrape, mine, or collect data from our Services without permission
  • Impersonate any person or entity or misrepresent your affiliation
  • Use automated systems (bots, scrapers) to access our Services without authorization
  • Engage in any activity that could damage, disable, or impair our Services
  • Harass, abuse, or threaten other users of our Services

7. Payment and Subscriptions

Some of our Services may require payment. By purchasing a paid plan or feature, you agree to:

  • Pay all applicable fees as described at the time of purchase
  • Provide valid payment information
  • Authorize us to charge your payment method for recurring subscriptions

All fees are non-refundable unless otherwise stated or required by applicable law. We reserve the right to modify pricing with reasonable notice. Subscription renewals will be charged at the then-current rate.

8. Disclaimer of Warranties

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

We do not warrant that our Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. Your use of our Services is at your own risk.

9. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FUSIONKONG AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OUR SERVICES.

In no event shall our total liability exceed the amount you paid to FusionKong during the twelve (12) months preceding the event giving rise to the claim, or one hundred dollars ($100), whichever is greater.

10. Indemnification

You agree to indemnify, defend, and hold harmless FusionKong and its officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party rights.

11. Third-Party Services

Our Services may integrate with or link to third-party services. We are not responsible for the content, privacy practices, or availability of third-party services. Your use of third-party services is subject to their respective terms and policies.

12. Termination

We may terminate or suspend your access to our Services at any time, with or without cause, with or without notice. Upon termination, your right to use the Services will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including intellectual property provisions, disclaimers, and limitations of liability.

13. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Australia, without regard to its conflict of law provisions. Any disputes arising under these Terms shall be resolved in the courts of Australia.

14. Changes to These Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by posting the updated Terms on our website with a revised "Last updated" date. Your continued use of the Services after changes are posted constitutes your acceptance of the modified Terms.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.

16. Entire Agreement

These Terms, together with our Privacy Policy and any other legal notices or agreements published by us on the Services, constitute the entire agreement between you and FusionKong regarding the Services and supersede any prior agreements.

17. Contact Us

If you have any questions about these Terms, please contact us at:

FusionKong Pty Ltd

ABN 23 680 919 117 · PO Box 7030, Aspendale VIC 3195

Email: hello@fusionkong.com.au

Website: fusionkong.com.au