General Terms & Conditions – (Volunteer) Moderators

Last update: 1 October 2026

 

These General Terms and Conditions – (Volunteer) Moderators (“Moderator Terms”), together with our Terms of Use and Player Privacy Policy, govern the appointment, role, responsibilities, and legal relationship of volunteer moderators (“Moderators”) who support the operation, community management, and content oversight of the platform and its related services (the “Platform”) and FunPlus International AG (the “Company”). The moderation activity is performed on a voluntary, unpaid basis and does not constitute an employment, partnership, agency, or joint venture relationship under any applicable law (as defined in clause 3 below). These Moderator Terms define the rights and obligations of the Moderators, the scope of their authority, compliance requirements under the applicable laws, including consumer protection, data protection (including the GDPR where applicable), digital services regulation, and online platform governance, and the standards of conduct required to ensure a safe, lawful, and fair gaming environment for users. By accepting the moderator role, the Moderator agrees to be bound by these Moderator Terms.

 

1. Eligibility and Appointment

1.1 Eligibility Requirements

To serve as a Moderator, you must be at least eighteen (18) years of age, or have reached the age of legal majority in your country of residence if higher. You must have full legal capacity to enter into binding agreements and to perform the responsibilities associated with the moderator role.

You may not act as a Moderator if you are subject to any legal restriction, court order, sanction, or other measure that would prevent you from carrying out moderation activities in a lawful and responsible manner.

1.2 Company Review and Discretion

To protect the integrity and safety of the Platform and its community, the Company may, where permitted by applicable law, carry out reasonable background, reputation, or eligibility checks prior to or during your appointment as a Moderator. The Company may also request appropriate proof of identity or other documentation necessary to verify your eligibility.

Appointment as a Moderator is subject to the Company’s approval. The Company reserves the right to decline an application or to remove a Moderator at its discretion, provided that any such decision complies with applicable mandatory laws.

2. Company Intellectual Property. 

2.1. In consideration of the case-by-case volunteer services of the Moderator, and free of any obligation of the Company to make any payments to Moderator, Moderator agrees that any and all contributions of Moderator of a proprietary nature relating to the present or future business of the Company that are conceived, developed, or created by Moderator, during or as a result of performing or providing services under the Moderator Commitment Confirmation Letter Agreement (“Confirmation Letter”)  (all of the foregoing is referred to as “Company Intellectual Property”) shall, to the extent permissible under law, (i) to the extent capable of constituting a “work made for hire” under applicable copyright law, constitute a “work made for hire”; (ii) to the extent any Company Intellectual Property does not or cannot so qualify, be irrevocably and unconditionally assigned, and Moderator hereby irrevocably assigns, to the Company upon creation, together with all right, title and interest therein; and (iii) to the extent any such rights cannot as a matter of applicable law be assigned to the Company, be subject to an exclusive, perpetual, irrevocable, worldwide, royalty-free, sublicensable license in favour of the Company.

2.2 Moderator agrees to promptly disclose and physically, digitally, and legally transfer all Company Intellectual Property to the Company, and hereby irrevocably assigns to the Company all his/her rights (including, without limitation, all copyrights as well as any patent, trade secret and trademark rights, if any) therein and thereto to the Company. In any case, Moderator herewith grants the Company and those parties acting with Company`s permission, during the term of the Confirmation Letter, a nonexclusive, irrevocable, royalty-free, fully-paid, sublicensable, worldwide license to: (a) refer to Moderator as a “Moderator” (or similar); (b) use Moderator`s name, nickname, initials, likeness, photo, biography, and/or social handle (it being understood that the items in this sub-clause (b) constitute personal data and shall be used only for so long as, and to the extent that, applicable data protection law permits, and without prejudice to any non-waivable statutory right of Moderator to object to or withdraw consent to such use); and (c) publish, copy, reproduce, display, publicly perform, distribute, adapt, edit, modify, translate, create derivative works based on, and otherwise use Moderator`s contributions in connection with the Confirmation Letter, and for other purposes at Company`s reasonable discretion. Moderator agrees to, without being entitled to any compensation, take such action as reasonably necessary, at Company’s request, to perfect, confirm, or support the rights granted here and to verify that Moderator’s deliverables under the Confirmation Letter reflect Moderator’s honest views, opinions, findings, beliefs, and experiences. The Company has no obligation to use the Moderator’s deliverables. Following the termination or expiration of the Confirmation Letter, the Company will have no obligation to remove any contributions, and the published contributions can remain in place as posted. All feedback, ideas, or other information offered by the Moderator in connection with the Confirmation Letter is given voluntarily and will be the Company’s sole property, which the Company may freely use without any compensation being due to the Moderator.

2.3 Moderator hereby agrees to execute such assignments and other instruments as the Company may consider appropriate to vest the aforementioned rights, title and interest in the Company Intellectual Property in the Company, and hereby appoints the Company as Moderator’s attorney-in-fact with full powers to execute any such instrument itself in the event of the failure or inability of Moderator to do so. 

2.4 During the Term of the Confirmation Letter and at all times thereafter, Moderator shall assist Company in every proper way to protect, enforce and perfect Company’s rights and interests in the Company Intellectual Property throughout the world, and to execute all documents required for the protection of all such rights and interests, including, without limitation, patent, copyright, trademark and other applications and assignments relating to Company Intellectual Property. Moderator hereby designates, and Moderator waives the benefits of any provision of the law known as moral rights in relation to the Company’s Intellectual Property. Moderator hereby designates and appoints Company and its duly authorised officers and agents as Moderator’s agents and attorneys-in-fact to execute and file any certificates, applications, or documents and to do all other lawful acts necessary to obtain and protect Company’s rights in the Company Intellectual Property. Moderator expressly acknowledges that the foregoing power of attorney is coupled with an interest and is irrevocable and shall survive termination of this Agreement. 

3. Relationship of parties 

3.1. It is expressly agreed that the Moderator is an independent, unpaid volunteer service provider. Neither these Moderator Terms nor Moderator’s provision of his/her contributions under the Confirmation Letter shall create an association, partnership, joint venture, or relationship of principal and agent, master and servant, or employer and employee between the Company and Moderator. Moderator shall use his/her own discretion in performing the tasks under the Confirmation Letter, it being understood that Moderator retains sole discretion over the manner, means, and timing of performing moderation tasks, and subject to the express condition that Moderator shall at all times comply with all applicable laws. Nothing herein is intended to preclude Moderator’s simultaneous or subsequent engagement by third parties, provided only that any such engagement and the provision of services in connection therewith do not interfere or conflict with Moderator’s obligations and are consistent with Moderator’s obligations as defined in the Confirmation Letter. 

3.2. The Moderator will not be eligible for any Company employee benefits, and no fees, wages, salary or other compensation are paid by the Company to Moderator, and accordingly no such deductions arise. To the extent Moderator receives any reimbursement of expenses or non-cash recognition item from the Company, Moderator is solely responsible for any resulting tax reporting or payment obligation under applicable law. 

3.3. To the extent permitted by applicable mandatory law, Moderator agrees to fully indemnify, hold harmless and defend the Company to the extent of any obligation imposed on the Company to pay any withholding taxes or other taxes, social security, workers’ compensation, unemployment or disability insurance or similar items, including interest and penalties thereon, in connection with any payments made to Moderator by the Company pursuant to the Confirmation Letter or imposed upon the Company in the event Moderator is determined not to be an independent contractor. This clause 3.3 mutatis mutandis applies to any claims to or obligations of the Company in respect of any breach or non-compliance of the Moderator with his/her obligations under clause 3.2.

3.4. Moderator warrants that he/she is competent to perform the services contemplated in the Confirmation Letter. Moderator further warrants that he/she shall provide the services with maximum care, skill and diligence. 

4. Expenses.

Any and all costs and expenses related to the execution of the services as defined in the Confirmation Letter shall be fully and exclusively borne by Moderator.  

5. Intellectual Property Rights

5.1. “Intellectual Property” shall mean any and all worldwide common law and statutory rights in, arising out of, or associated with: (i) trademarks, service marks, brand names, domain names, logos, symbols, trade dress, assumed names, fictitious names, trade names, and other indicia of origin, all applications and registrations for the foregoing, and all goodwill associated therewith and symbolised thereby, including all renewals of same (collectively, “Trademarks”); (ii) national or global patents and utility models and applications thereof and all divisions, continuations, continuations-in-part, provisional, re-examinations and renewal applications; and including renewals, extensions and reissues (collectively, “Patents”); (iii) trade secrets, confidential information and know-how (collectively, “Trade Secrets”); (iv) databases and other compilations of information; (v) Copyright registrations and applications thereof, and all other rights corresponding thereto throughout the world, including mask rights and all renewals, extensions, restorations and reversions thereof (collectively, “Copyrights”); (vi) industrial designs, (vii) all moral and economic rights of authors and inventors, however denominated, and (viii) any similar or equivalent rights to any of the foregoing (as applicable).

5.2. Pre-Existing Intellectual Property. Moderator shall maintain perpetual, worldwide ownership of and rights to use, sell, modify, make public, and distribute any and all of its prior copyrights and other intellectual property rights existing prior to the Effective Date. If, in the course of providing Services under the Confirmation Letter, Moderator incorporates pre-existing intellectual property into a contribution, Company is hereby granted and shall have a royalty-free, irrevocable, perpetual, worldwide license (with rights to sublicense through multiple tiers of sublicenses) to modify, use and distribute solely such pre-existing intellectual property as part of the products or processes into which it was originally incorporated.  For purposes of this Confirmation Letter, “pre-existing intellectual property” means designs, methodology, ideas, concepts, know-how, techniques and other means used by Moderator in the provision of services to different clients and in the conduct of his/her business, and all derivations of the foregoing (including, without limitation, templates, screen flows, creative briefs, functional briefs, design concepts, devices, and other tools and products), developed, acquired or compiled by Moderator prior to the Effective Date. 

6. No Infringement

Moderator agrees that he/she will not use, in the course of his/her performing or providing contributions under the Confirmation Letter, any Intellectual Property belonging to another person or entity without a valid license thereto. Moderator will indemnify the Company and hold it harmless from and against all claims, liabilities, damages and expenses, including reasonable attorneys’ fees and costs of suit, arising out of or in connection with any violation of the foregoing. Moderator agrees to bring to the attention of the Company (i) all infringements or potential infringements of any intellectual property rights of any other person or entity by Moderator or employees or other agents of the Company and/or Moderator, and (ii) all infringements or potential infringements of any intellectual property rights of the Company by any person or entity, in either case known to him/her or of which he/she becomes aware during the term of the Confirmation Letter. 

7. Confidential Information.

The attached executed Non-Disclosure Agreement between the Moderators and Company forms an integral part hereof and shall survive the termination of the Confirmation Letter.  

8. Data Protection

8.1 Moderator’s Personal Data 

Personal data means any information provided by the Moderator when providing services under the Confirmation Letter that can be used to directly or indirectly identify him/her as an individual.

The Company will process any information containing personal data provided by the Moderator available in relation to this Confirmation Letter and the NDA in accordance with the applicable privacy laws and regulations, including, without limitation, to the provision of Regulation (EU) 2016/679, the General Data Protection Regulation (GDPR). The Company will take appropriate technical and organisational security measures to guarantee the security of personal data and prevent a personal data breach. The Company is required to provide the Moderator with information about the nature, purpose, legal basis, duration of the processing of personal data, and the Moderator’s rights over his/her personal data. Such information can be accessed in the Supplier’sPrivacy Policy https://funplus.com/privacy-policies/supplier/

8.2 Moderator’s Access to Personal Data

In the performance of their moderation duties, Moderators may have access to personal data relating to users of the Platform, including user-generated content, account information, identifiers, and related metadata. Such access is strictly limited to what is necessary for the proper performance of moderation activities.

8.3 Moderator’s Role Under Data Protection Law

For the purposes of Regulation (EU) 2016/679 (“GDPR”), and where applicable, the Swiss Federal Act on Data Protection (“FADP”), the Company acts as the data controller. Moderators act solely on behalf of and under the documented instructions of the Company and are authorised persons processing personal data under Article 29 GDPR and the corresponding provisions of the FADP. Moderators do not act as independent controllers or processors.

8.4 Data Processing Obligations

Moderators shall:

  • Access and process personal data exclusively for the purpose of carrying out assigned moderation duties and strictly in accordance with the Company’s documented instructions as described in the Moderator Guidelines below;
  • Comply with the principles of data protection, including lawfulness, fairness, transparency, purpose limitation, data minimisation, and confidentiality;
  • Treat all personal data as strictly confidential and do not disclose such data to any unauthorised third party;
  • Implement and maintain appropriate technical and organisational security measures within their sphere of responsibility to protect personal data against unauthorised access, loss, alteration, or disclosure;
  • Immediately notify the Company of any actual or suspected personal data breach, security incident, or unauthorised access to personal data. 

8.5 Duration of Confidentiality

The obligation to maintain confidentiality and to protect personal data continues after the termination of the Confirmation Letter and Moderator role and remains in effect for as long as the information remains confidential under applicable law.

9. No Prohibitions.

Moderator hereby represents and warrants that he/she is not a party to or subject to or bound by any agreement or required approval that: (a) prohibits Moderator from providing the services under the Confirmation Letter to the Company, or from fully and faithfully performing and discharging his/her obligations under these Moderator Terms and the performance of the contributions under the Confirmation Letter will not conflict or cause the breach of any agreement or undertaking to which Moderator is subject or bound, including without limitation, any confidentiality or non-competition agreement, and will not require the consent of any person or entity. 

10. Modification and Waivers.

The Confirmation Letter and these Moderator Terms may not be altered, amended or modified, except by a written instrument signed by the Company and Moderator against whom such alteration, amendment or modification is sought to be enforced. No waiver of any right granted herein shall be effective unless in a writing duly executed by or on behalf of the waiving party, and then shall be effective only for that instance and only with respect to the specific circumstance referenced therein. Failure by a party to exercise promptly any right herein granted, or to require strict performance of any obligation by the other party, shall not constitute or be deemed to be a waiver of such right or of the right to demand subsequent performance of the same or any other obligation of the other party, and shall not in any way affect the validity of these Moderator Terms or the enforceability of its several provisions.

11. Survival of Moderator Terms.

The obligations contained in the Confirmation Letter shall survive the termination of the Moderator Terms. In addition, the termination of this Confirmation Letter shall not affect any of the rights or obligations of either party arising prior to or at the time of termination of this Agreement, or which may arise by any event causing the termination of this Agreement. 

12. Assignment.

The Moderator may assign its rights and obligations hereunder only with the prior written consent of the Company. The Company can freely assign its rights and obligations.

13. Severability.

If any term or provision of the Confirmation Letter and these Moderator Terms shall become or be determined to be unenforceable under the applicable law of any jurisdiction, such term or provision shall be ineffective to the extent its enforceability is so prohibited without invalidating the remainder of such term or provision or any other term or provision hereof, or the application of any such term or provision in any other jurisdiction, or to other parties, or under other circumstances, all of which remain valid to the maximum extent permitted by law. The Confirmation Letter shall be binding upon and shall inure to the benefit of the parties and their successors, permitted assigns, executors, administrators and personal representatives. 

14. Term and Termination

14.1 Commencement
The moderator role becomes effective upon the acceptance and signing of the Confirmation Letter by the Moderator.

14.2 Termination and Immediate Removal
As a voluntary role, the moderator relationship may be terminated by either party at any time, with or without notice, subject to mandatory law. The Company may suspend or immediately revoke moderator status at its discretion, including in cases of: a) breach of these Moderator Terms or platform rules, b) misuse of moderation powers, c) violation of applicable law, d) conduct that may harm users, the platform, or the Company’s reputation.

14.3 Consequences of Termination
Upon termination, the Moderator must immediately cease all moderation activities, return or securely delete confidential information, and surrender all access rights and credentials.

Confidentiality and data protection obligations survive termination.

15. Notice.

All notices required hereunder shall be in writing and sent in accordance with the addresses herein with a copy to the email addresses herein (including a copy to legaleurope@funplus.com). Hard copy notices shall be sent by certified mail or professional courier delivery, and all post and courier fees prepaid. Notices shall be effective upon, for hard copies, the provable date of delivery and, for electronic copies, the provable date of successful transmission. 

16. Opportunity to Review.

The parties acknowledge that each has had the opportunity to consult legal counsel in regard to this Confirmation Letter, that each has read and understands this Confirmation Letter, that each is fully aware of its legal effect, and that each has entered into it freely and voluntarily and based on independent judgment. 

17. Governing Law; Disputes; Procedure. 

The Confirmation Letter, including, without limitation, any Annex or Exhibit hereto, and all matters relating to these Moderator Terms shall be governed by, and construed in accordance with, the laws of the Canton of Zug, Switzerland. This choice of law and choice of forum are without prejudice to, and do not displace, any mandatory statutory protection that may apply to Moderator under the law of Moderator’s habitual place of residence or performance of moderation activities, to the extent such protection cannot lawfully be excluded by agreement. If any dispute arises in the process of the performance of this Confirmation Letter, the Company and the Moderator shall timely negotiate in good faith to solve the dispute. If the negotiation fails, either party may submit it for final settlement to competent courts in the Canton of Zug, Switzerland.

18. Counterparts. 

The Commitment Letter may be executed in one or more counterparts, each of which shall be deemed to be an original, but all of which together will constitute one and the same instrument. Digital (e.g. DocuSign) or scanned and e-mailed signatures shall have the same force, legal validity and enforceability as manual or paper-based methods, to the fullest extent permitted by applicable law. 

 

General Guidelines – Moderator (“Guideline”)

We love social media and love to keep the Company`s/our social campaigns consistent with the Company’s values. These Guidelines will help guide the Moderator towards a successful experience.

These guidelines identify good practices, including the obligation to disclose the Moderator’s connection to the Company. The Company encourages Moderators to add their own personal flair to their content while using these guidelines to keep the message on track. The Company always reserves the right to request edits or removal of any message or contribution.

1. MODERATOR’S CONTRIBUTIONS SHOULD: 

  • Be truthful and honest 
  • Be useful, relevant, and interesting
  • Be easy to understand
  • Be something others will want to share
  • Be appropriate for a large audience
  • Be authentically created by Moderator
  • Be respectful of others
  • Portray the Company, its brand and its products in a positive light
  • Contain an appropriate Company brand or campaign slogan as a hashtag (unless Moderator has worked out another alternative with the Company)
  • Disclose Moderator’s material connection to the Company, if it’s not clear from Moderator’s post. (Examples of material connections include payment, receipt of free products, contractual relationships, participation in a brand ambassador program, or any other connection that may impact the weight a person gives Moderator’s opinion.)
  • Make sure disclosures are clear, prominent (not buried), and appear in each post/video

2. MODERATOR’s CONTRIBUTIONS SHOULD NOT:

  • Misrepresent the qualities or features of the Company’s games
  • Disparage or attack other companies, brands, products, or games
  • Contain profanity, nudity, or offensive content
  • Promote illegal or unsafe activities, like drugs, tobacco, guns, illegal gambling, and/or any other content prohibited by the Company
  • Attack others or their beliefs
  • Reflect a political position
  • Be disrespectful to others
  • Attack or undermine the Company or its values
  • Contain the copyrighted work of others
  • Contain images, names, or likenesses of others without their permission
  • Contain images or trademarks that do not belong to the Company
  • Misrepresent Moderator’s relationship to the Company 

3. PROCESSING OF PERSONAL DATA BY THE MODERATORS

This section sets out the binding rules governing Moderators’ access to and processing of personal data in the course of their duties. Moderators may access users’ data, including personal data, strictly under the authority and documented instructions of the Company and solely to the extent necessary to enforce the Confirmation Letter, the Moderator Terms, and the platform’s terms and community guidelines. Personal data includes any information relating to an identified or identifiable individual, including usernames linked to accounts, email addresses, chat messages and other user-generated content, account status and activity history, as well as reports, complaints, and enforcement records. Where there is uncertainty as to whether information constitutes personal data, it must be treated as such.

Moderators must comply with the EU General Data Protection Regulation (GDPR) and, where applicable, the Swiss Federal Act on Data Protection. Personal data may be processed only for legitimate moderation purposes and must never be accessed for personal interest, curiosity, or unauthorised use. All such data is strictly confidential. The Company acts as the data controller; Moderators act solely as persons authorised to process data under the Company’s authority and do not act as controllers, joint controllers, or processors. 

Moderation activities must also comply with the EU Digital Services Act (DSA): enforcement decisions must be objective, proportionate, and based on published rules, and significant actions (including removals, suspensions, or bans) must be appropriately documented to support transparency and accountability obligations.

Moderators must implement appropriate security measures at all times, including safeguarding credentials and preventing unauthorised access to moderation systems. Any suspected personal data breach, security incident, or material enforcement error must be reported immediately through designated internal channels. Confidentiality and data protection obligations continue after the moderator role ends. Questions relating to personal data must be directed to the Company at privacyoffice@funplus.com.