Terms of Service

1. Definitions

• "Company," "We," "Us," "Our" refers to SOLIDARITY GROUP CO., LIMITED, operating as Fun Station APPS.
• "You," "Your," "User," "Client" refers to the individual or entity accessing or using our Website or services.
• "Services" refers to all technology and consulting services provided by us, including but not limited to mobile app development, web platform development, AI and machine learning solutions, cloud and DevOps services, UI/UX design, and digital strategy consulting.
• "Website" refers to the website located at funstation.hair and all associated subdomains.
• "Content" refers to all text, images, code, graphics, designs, and other materials made available through the Website or as part of the Services.
• "Project" refers to any specific engagement or scope of work agreed upon between you and the Company.

2. Eligibility

By using the Website or services, you represent and warrant that:

• You are at least 18 years of age, or the age of majority in your jurisdiction, whichever is greater.
• If you are entering into these Terms on behalf of a company or other legal entity, you have the authority to bind that entity to these Terms.
• Your use of the Website and services will comply with all applicable laws and regulations, including but not limited to those of Hong Kong SAR and your local jurisdiction.
• All information you provide to us is truthful, accurate, and complete, and you will maintain and promptly update such information as necessary.

3. Use of the Website

3.1 Permitted Use

You may access and use the Website for lawful purposes only. You agree not to:

• Use the Website in any way that violates any applicable local, national, or international law or regulation.
• Attempt to interfere with, compromise, or disrupt the security, integrity, or performance of the Website, its servers, or associated infrastructure.
• Engage in unauthorized access, including but not limited to probing, scanning, or testing the vulnerability of our systems.
• Use any robot, spider, scraper, or other automated means to access or extract data from the Website without our express written permission.
• Transmit or upload any malicious code, viruses, malware, or harmful components through the Website.
• Use the Website to send unsolicited commercial communications (spam) or for any fraudulent purpose.
• Reproduce, duplicate, copy, sell, resell, or exploit any portion of the Website or its Content without our express written permission.

3.2 Account Registration

Certain areas of the Website or services may require you to register an account. If you create an account, you are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately of any unauthorized use of your account or any other breach of security. We will not be liable for any loss or damage arising from your failure to comply with this obligation.

4. Services and Project Engagements

4.1 Scope of Work

All services are provided based on a mutually agreed-upon scope of work documented in a separate statement of work (SOW), proposal, or service agreement. The detailed terms, deliverables, timelines, milestones, and fees for each project will be governed by that separate agreement. In the event of a conflict between these Terms and a separate project agreement, the project agreement shall prevail with respect to the specific project.

4.2 Client Responsibilities

You agree to:

• Provide timely access to necessary information, materials, personnel, and systems required for us to perform the services.
• Review and provide feedback on deliverables within agreed-upon timeframes.
• Make timely payments in accordance with the agreed payment schedule.
• Obtain all necessary third-party licenses, permissions, and consents required for the project.

4.3 Changes and Revisions

Any changes to a project's scope, timeline, or deliverables must be mutually agreed upon in writing by both parties. Additional work outside the original scope will be subject to additional fees and timeline adjustments, as documented in a change order.

4.4 Subcontracting

We reserve the right to engage subcontractors to perform portions of the services, provided that we remain fully responsible for the quality, timeliness, and confidentiality of the deliverables. Any subcontractors will be subject to confidentiality obligations at least as protective as those in our agreements.

5. Intellectual Property

5.1 Our Intellectual Property

Unless otherwise agreed in writing, all pre-existing materials, tools, frameworks, code libraries, methodologies, and know-how that we use or develop during the course of providing services (collectively, "Our IP") remain our sole and exclusive property. Our IP includes, but is not limited to, any software components, templates, algorithms, design systems, and processes that are not created specifically for your project.

5.2 Project Deliverables

Subject to full payment of all fees, we will assign to you ownership of all final deliverables specifically created for your project, excluding Our IP. For Our IP incorporated into any deliverable, we grant you a perpetual, irrevocable, worldwide, royalty-free, non-exclusive license to use such materials as part of the deliverables.

5.3 Website Content

All content on the Website, including text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, is the property of SOLIDARITY GROUP CO., LIMITED or its content suppliers and is protected by Hong Kong and international copyright, trademark, and other intellectual property laws.

5.4 Trademarks

"Fun Station APPS," the Fun Station APPS logo, and all related names, logos, product and service names, designs, and slogans are trademarks of SOLIDARITY GROUP CO., LIMITED or its affiliates. You may not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on the Website are the trademarks of their respective owners.

6. Payment Terms

Payment terms for services will be specified in the applicable SOW or service agreement. General payment policies include:

• Fees are quoted in United States Dollars (USD) or Hong Kong Dollars (HKD) as specified in the proposal, and are exclusive of applicable taxes unless otherwise noted.
• Invoices are payable within the timeframe specified on the invoice (typically 14 to 30 calendar days).
• Late payments may accrue interest at the rate of 1.5% per month or the maximum rate permitted by applicable law, whichever is lower.
• We reserve the right to suspend services if payment is more than 30 days past due, with prior written notice.
• Any bank charges, wire transfer fees, or currency conversion costs are your responsibility unless otherwise agreed.

7. Confidentiality

Each party agrees to maintain the confidentiality of any proprietary or confidential information disclosed by the other party ("Confidential Information") during the course of our engagement. This includes, but is not limited to, business plans, technical specifications, source code, customer data, financial information, trade secrets, and any non-public information designated as confidential. Each party agrees:

• To use Confidential Information solely for the purpose of performing obligations under these Terms and the applicable project agreement.
• To limit access to Confidential Information to employees, contractors, and agents who have a need to know and are bound by confidentiality obligations at least as restrictive as those herein.
• To protect Confidential Information using the same degree of care used to protect its own confidential information, but in no event less than reasonable care.

Confidentiality obligations survive the termination of these Terms for a period of 3 years, or indefinitely for trade secrets.

Confidential Information does not include information that: (a) is or becomes publicly available through no breach of these Terms; (b) was lawfully known by the receiving party before disclosure; (c) is independently developed by the receiving party without use of the disclosing party's Confidential Information; or (d) is required to be disclosed by law, regulation, or court order, provided the receiving party gives prompt notice of such requirement to enable the disclosing party to seek a protective order.

8. Limitation of Liability

To the maximum extent permitted by applicable law, in no event shall SOLIDARITY GROUP CO., LIMITED, its directors, officers, employees, agents, or affiliates be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, goodwill, or business opportunity, arising out of or in connection with:

• Your use or inability to use the Website or services;
• Any errors, mistakes, or inaccuracies in the Website content;
• Any interruption, delay, or cessation of transmission to or from the Website;
• Any unauthorized access to or alteration of your data;
• Any third-party conduct, content, or materials on the Website;
• Any other matter related to the Website or services, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory.

Our total aggregate liability to you for all claims arising out of or relating to these Terms or the services, whether in contract, tort, or otherwise, shall not exceed the greater of: (a) the total amount paid by you to us for the specific services giving rise to the claim during the 12 months preceding the claim, or (b) USD $10,000.

The limitations and exclusions in this section apply to the fullest extent permitted by law. Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities, so some of the above limitations may not apply to you.

9. Indemnification

You agree to defend, indemnify, and hold harmless SOLIDARITY GROUP CO., LIMITED, its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your use of the Website or services in violation of these Terms;
• Your violation of any applicable law, regulation, or third-party right;
• Any content, materials, or data you provide to us;
• Your project deliverables that are based on specifications, requirements, or instructions provided by you;
• Any claim that your content or project deliverables infringe, misappropriate, or violate a third party's intellectual property rights, privacy rights, or other rights.

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense at your own expense.

10. Termination

10.1 Termination by You

You may terminate your use of the Website at any time by ceasing to access it. For project engagements, termination terms will be specified in the applicable SOW or service agreement.

10.2 Termination by Us

We reserve the right to suspend or terminate your access to the Website or any services, with or without notice, for any reason, including but not limited to:

• Your breach of these Terms or any project agreement;
• Your failure to make payment when due;
• Conduct that we determine, in our sole discretion, is harmful to us, other users, or third parties;
• Legal or regulatory requirements that compel us to do so.

10.3 Effect of Termination

Upon termination: (a) all rights and licenses granted to you under these Terms will immediately cease; (b) you must cease all use of the Website and our Content; (c) any provisions of these Terms that by their nature should survive termination (including, without limitation, intellectual property, confidentiality, limitation of liability, indemnification, and governing law provisions) will continue in full force and effect.

11. Disclaimers and Warranties

The Website and all content, materials, and services provided are on an "AS IS" and "AS AVAILABLE" basis, without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all warranties, express or implied, including but not limited to:

• Implied warranties of merchantability, fitness for a particular purpose, and non-infringement;
• Warranties that the Website will be uninterrupted, timely, secure, error-free, or virus-free;
• Warranties that any defects or errors will be corrected;
• Warranties as to the accuracy, completeness, reliability, or currency of any content on the Website;
• Warranties arising from course of dealing, course of performance, or usage of trade.

We make no representation or warranty that the Website or services are appropriate or available for use in any particular location. If you access the Website from outside Hong Kong, you do so at your own initiative and are responsible for compliance with local laws.

12. Governing Law and Dispute Resolution

12.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Hong Kong Special Administrative Region of the People's Republic of China, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply.

12.2 Dispute Resolution

Any dispute, controversy, or claim arising out of or relating to these Terms, or the breach, termination, or invalidity thereof, shall first be attempted to be resolved through good-faith negotiations between the parties. If the dispute cannot be resolved within 30 calendar days through negotiations, either party may submit the dispute to:

• Mediation administered by the Hong Kong Mediation Centre (HKMC) before resorting to litigation; or
• If mediation is unsuccessful, the exclusive jurisdiction of the courts of Hong Kong SAR.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief from a court of competent jurisdiction to prevent or restrain infringement of its intellectual property rights or breach of confidentiality obligations.

13. General Provisions

13.1 Entire Agreement

These Terms, together with any applicable SOW, service agreement, privacy policy, and any other documents expressly incorporated by reference, constitute the entire agreement between you and us regarding the subject matter herein and supersede all prior or contemporaneous understandings, agreements, representations, and warranties, whether written or oral.

13.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, such provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent, or severed if modification is not possible. The remaining provisions shall continue in full force and effect.

13.3 Waiver

No failure or delay by either party in exercising any right under these Terms shall operate as a waiver of that right. A waiver of any breach shall not constitute a waiver of any subsequent breach.

13.4 Assignment

You may not assign or transfer these Terms, or any rights or obligations hereunder, without our prior written consent. We may assign or transfer these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, reorganization, or sale of all or substantially all of our assets.

13.5 Relationship of the Parties

Nothing in these Terms shall be construed as creating a partnership, joint venture, employment, or agency relationship between you and us. Each party is an independent contractor.

13.6 Force Majeure

Neither party shall be liable for any failure or delay in performance under these Terms caused by circumstances beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government action, pandemic, epidemic, labor disputes, utility failures, Internet disruptions, or telecommunications failures. The affected party shall promptly notify the other party and use reasonable efforts to resume performance.

13.7 Notices

All notices under these Terms must be in writing. Notices to us shall be sent to jimen@funstation.hair. Notices to you may be sent to the email address or physical address you provide to us. Notices sent by email shall be deemed received 24 hours after transmission if no bounce or error message is received.

13.8 Changes to Terms

We reserve the right to modify or replace these Terms at any time. We will provide notice of material changes by posting the updated Terms on the Website and updating the "Last updated" date. For material changes, we may also notify you by email or through a notice on the Website. Your continued use of the Website or services after any changes constitutes your acceptance of the revised Terms. If you do not agree to the new Terms, you must stop using the Website and services.

14. Contact Information

For any questions, concerns, or legal notices regarding these Terms of Service, please contact us: