Terms of Service

Questions about these terms? Email legal@fopull.com or see our full contact directory.

1. Acceptance & the Agreement

These Terms of Service ("Terms") are a binding contract between you ("you") and Fopull LLC ("Fopull," "we," "us," or "our"). They govern your access to and use of the websites at fopull.com and any subdomain, the Foverse community platform, the Deviant game and its supporting APIs, and any other product, software, or service we make available (collectively, the "Services").

By creating an account, clicking "I agree," or otherwise accessing the Services, you confirm that you have read, understood, and agreed to these Terms and to our Privacy Policy, which is incorporated here by reference. If you do not agree, you may not use the Services.

2. Eligibility & Accounts

Minimum age

You must be at least 13 years old to register or use the Services. If you are between 13 and the age of majority in your jurisdiction, you represent that a parent or legal guardian has reviewed and accepted these Terms on your behalf. We do not knowingly collect personal information from anyone under 13; if we learn that an account belongs to a child under 13, we will block the account and delete the data in accordance with our Privacy Policy and the Children's Online Privacy Protection Act (COPPA).

Your account

• You agree to provide accurate registration information, including a true date of birth.
• You are responsible for safeguarding your password and any second-factor device. You should enable two-factor authentication where available.
• You are responsible for all activity that occurs under your account, whether or not authorized by you.
• You may not create an account using automation, a false identity, or someone else's identity. You may not sell, rent, or transfer your account.
• You agree to notify us immediately at support@fopull.com of any unauthorized access.

3. Description of the Services

The Services include, without limitation:

• The public marketing site at fopull.com and the studio's informational pages.
• Foverse: a community platform with user profiles, blogs, posts, comments, direct messaging, trading-card collection, a peer-to-peer marketplace operating in our virtual currency ("Fobucks"), reactions, friends/blocks, push notifications, and related features.
• Deviant: a Unity-based game that authenticates via your Foverse account and stores characters on our servers.
• Authentication, OAuth, and API endpoints that allow first-party and authorized third-party applications to access your Foverse account on your behalf.

We may add, modify, suspend, or discontinue any feature at any time without notice. Some features (for example, certain admin tools) are reserved for our personnel.

4. Acceptable Use Policy

You agree that you will not, and will not attempt to:

• Use the Services to violate any law or regulation, or to infringe anyone's rights;
• Upload, post, transmit, or store content that is unlawful, defamatory, obscene, hateful, harassing, threatening, or invasive of another's privacy;
• Upload, request, solicit, or distribute child sexual abuse material (CSAM); we will report any such material to the National Center for Missing & Exploited Children (NCMEC) CyberTipline as required by 18 U.S.C. § 2258A and preserve evidence for law enforcement;
• Upload malware, viruses, ransomware, or any code designed to disrupt or harm any system;
• Send spam, unsolicited bulk messages, phishing attempts, or fraudulent messages;
• Scrape, crawl, harvest, or otherwise collect data from the Services other than through APIs we provide for that purpose, and only within the rate limits we set;
• Reverse-engineer, decompile, or disassemble the Services, except to the extent that applicable law expressly permits;
• Circumvent, disable, or interfere with security or access-control features, including rate limits, anti-cheat, and authentication;
• In connection with Deviant: forge or tamper with character data, exploit the game-server protocol, use unauthorized clients, automate gameplay, or attempt to issue server-token actions from a player token;
• Impersonate any person or entity, or misrepresent your affiliation with anyone;
• Engage in real-money trading of Fobucks, accounts, characters, or in-game items, or operate any gambling, lottery, or wagering scheme on the Services;
• Use the Services to operate any service that we have not authorized in writing.

We reserve the right (but have no obligation) to monitor, review, or remove any content, and to investigate and take legal action against violations.

5. User Content & License

Ownership

You retain ownership of any content you submit, post, upload, or display through the Services ("User Content"), including blog posts, comments, profile content, direct messages, attachments, custom CSS, and anything you contribute to trading-card or marketplace features. We do not claim ownership of your User Content.

License you grant to us

By submitting User Content, you grant Fopull LLC a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, publish, display, perform, transmit, distribute, modify (for technical and moderation purposes such as resizing, transcoding, stripping metadata, or applying content warnings), and create derivative works of your User Content, solely to operate, provide, improve, and promote the Services. This license ends when you delete the User Content from the Services, except (a) to the extent the content has been shared with others who have not deleted it, and (b) for our retention of backup or archival copies as described in our Privacy Policy.

Your representations about User Content

You represent and warrant that:

• You own your User Content or have all rights necessary to grant the license above;
• Your User Content, and our use of it as permitted by these Terms, does not violate any law or any third party's intellectual property, privacy, publicity, or other rights;
• You are solely responsible for your User Content and for the consequences of submitting it.

Our role as a host

We act as a passive host of User Content. Under 47 U.S.C. § 230, no provider of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider. You agree that we are not responsible for User Content posted by you or any other user, and that any reliance you place on User Content is at your own risk.

6. Fobucks, Cards & the Marketplace

Fobucks have no monetary value. Fobucks are a virtual in-product credit that you may earn by participating in Foverse. They are not currency, legal tender, securities, commodities, e-money, stored value, or any other regulated instrument. They cannot be redeemed for cash or transferred outside the Services.

• We do not sell Fobucks for real money.
• We do not authorize, recognize, or facilitate any real-money trade of Fobucks, accounts, characters, trading cards, or marketplace items. Any such trade is at your own risk and is grounds for account termination.
• We may adjust, withhold, freeze, reset, or revoke Fobucks balances, marketplace listings, and inventory at any time — including (without limitation) to correct errors, recover from exploits, enforce these Terms, or comply with law.
• The peer-to-peer marketplace is a venue we provide between users. We are not a party to, and not responsible for, any transaction between users.
• Upon account termination for any reason, your Fobucks balance and inventory are forfeit unless we choose otherwise.

7. Deviant (Unity Client) & Third-Party Apps

Deviant is a server-authoritative game. The dedicated game server is the sole source of truth for character state. You agree that:

• Any attempt to forge, tamper with, or replay character-save data, session tickets, or server protocol messages is a serious violation of these Terms and may result in immediate, permanent account termination across the Services;
• We may at any time remove or reset characters or items that we determine to be the product of cheating, exploits, or bugs;
• We are not obligated to maintain backward compatibility for any client build, save schema, or API version.

8. OAuth & Connected Applications

You may authorize third-party applications to access your Foverse account through our OAuth 2.0 / PKCE flow. When you do so, the third-party application will receive the data and abilities listed on the consent screen.

• You are responsible for the third-party applications you authorize. Their handling of your data is governed by their own terms and privacy policies, not ours.
• You may revoke any authorization at any time from your account settings.
• We may disable any OAuth client that we determine is misusing the Services or harming users.

9. Suspension, Termination & Appeals

You may close your account at any time from your account settings. We may suspend, restrict, or terminate your account or access to any Service at any time, with or without notice, for any reason, including (without limitation) violation of these Terms, suspected fraud or abuse, legal process, or extended inactivity.

On termination, sections of these Terms that by their nature should survive (including User Content license rights actually exercised, disclaimers, limitations of liability, indemnification, and dispute provisions) will survive.

If you believe your account was terminated in error, you may contact support@fopull.com. Our determinations are final.

10. Copyright & DMCA

We respect intellectual-property rights and respond to valid notices under the Digital Millennium Copyright Act (DMCA), 17 U.S.C. § 512. Our full procedure — including how to submit a notice of claimed infringement, how to submit a counter-notice, and our repeat-infringer policy — is published at our DMCA page.

11. Disclaimers of Warranty

THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FOPULL LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. WE DO NOT WARRANT THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY USER CONTENT.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL FOPULL LLC, ITS OWNERS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, USE, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID US, IF ANY, IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY, OR (B) ONE HUNDRED U.S. DOLLARS ($100).

Some jurisdictions do not allow the exclusion or limitation of certain warranties or damages, so some of these limitations may not apply to you. In that case, our liability is limited to the smallest extent permitted by applicable law.

13. Indemnification

You will defend, indemnify, and hold harmless Fopull LLC and its owners, officers, employees, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) your User Content; (b) your use of or access to the Services; (c) your violation of these Terms; (d) your violation of any law or any third-party right; or (e) any third-party application you authorize.

14. Governing Law & Disputes

These Terms and any dispute arising out of or relating to them or the Services are governed by the laws of the State of Tennessee, without regard to its conflict-of-laws principles. You and Fopull LLC agree to the exclusive personal jurisdiction and venue of the state and federal courts located in Knox County, Tennessee, for any dispute not subject to arbitration or small-claims court.

Class-action waiver. You and Fopull LLC agree that any dispute will be brought solely in an individual capacity, and not as a plaintiff or class member in any purported class or representative proceeding.

If any portion of this Section is found unenforceable, that portion will be severed and the remainder will continue in effect.

15. Changes to These Terms

We may revise these Terms from time to time. When we do, we will update the "Version" and "Effective" dates above and, for material changes, post a notice in the Services or send you a notification. Your continued use of the Services after a change takes effect constitutes your acceptance of the revised Terms. If you do not agree, you must stop using the Services.

16. General Provisions

• Entire agreement. These Terms and our Privacy Policy are the entire agreement between you and us regarding the Services.
• No waiver. Our failure to enforce any right or provision is not a waiver.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions will continue in full force.
• Assignment. You may not assign these Terms without our prior written consent. We may assign them freely.
• No agency. No partnership, joint venture, employment, or agency relationship is created by these Terms.
• Notices. We may give notice through the Services, by email to the address on your account, or as otherwise permitted by law.
• Export & sanctions. You represent that you are not located in a country subject to U.S. embargo and are not on any U.S. government list of restricted or prohibited persons.

17. Contact

For questions about these Terms:

• General / legal: legal@fopull.com
• Privacy: privacy@fopull.com
• Account support: support@fopull.com
• Mail: Fopull LLC 8913 Town and Country Circle #1132 Knoxville, TN 37923