Terms between you and fancify

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The fancify Terms and Conditions

Thank you for your interest in these Terms and Conditions (the “Terms”). These Terms constitute a legal agreement between you and us governing the use of www.fancify.com (“our website”) and fancify our Software as a Service Solution (“SaaS”).

About us

We are Fancify LLC, located at 8 The Green, #6380, Dover, DE 19901 (“Fancify”, “we”, “us”, or “our”). We provide you with www.fancify.com and fancify our Software as a Service Solution (“Services”).

To contact us, please email us at email using hello [at] fancify.com.

These Terms were last updated on Wednesday, January 3rd, 2024, and are the current and valid version.

General Terms

These Terms govern your access to and your use of our Services and are a legally binding agreement between you and us.

We may change these Terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our Services.

Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our Services on these Terms.

We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our Services or your Account at any time.

We also reserve the right to change, modify, suspend or discontinue any portion of the Services at any time.

Type
Placed
Purpose

Essential cookies

Essential cookies are cookies to provide a correct and user-friendly website; 

Non Essential cookies

Non-essential Cookies are any cookies that do not fall within the definition of essential cookies, such as cookies used to analyze your behavior on a website (“analytical” cookies) or cookies used to display advertisements to you (“advertising” cookies).

Your account

By registering for an Account, you agree and acknowledge that:

  • you are at least 18 years of age or have verifiable parental consent to use our services; and
  • you have read these Terms and agree to be bound by and comply with them.

You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account.

We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.

SaaS right

Subject to your payment obligations or  free of charge access, we grant you, unless specifically agreed in writing, a personal, non-exclusive, non-assignable and non- transferable right to access and to use the Service within the determined limits.

You must only use our Service in accordance with its intended purpose, in Software as a Service (SaaS) mode via a connection to an electronic communications network.

Free Access

We may make one or more parts of the Services available to you on a free of charge basis until the earlier of:

  • the end of the free of charge basis period;
  • the date that you purchase the relevant service; or
  • termination by us at our discretion.

We may notify you of additional terms that apply to the free of charge access and any such additional terms are incorporated into these Terms by reference.

License

Some Services may require payment of license fees before you can access or use them (“Fees”) which will be notified to you through our website.

If you purchase a recurring license from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our website.

By purchasing the recurring license, you authorize us or our payment processor (Stripe) to automatically charge the Fees:

  • upon the commencement of your first subscription period; and
  • on the renewal date of the subscription period thereafter, without any further action by you.

Any Fees due in relation to your Account must be paid by their due date for payment. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our website or any of the Services.

Our Fees may be amended from time to time at our discretion. We will provide you reasonably advance written notice of any amendment of recurring Fees.

You are responsible for any applicable taxes (including any goods and services tax).

We will not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.

We must receive payment in full on the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.

Termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees.

If you cancel your subscription, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.

Availability

Although we will try to provide continuous access to the Service, we cannot and do not guarantee that our website and Services will be available 100% of the time and will not be liable in the event our website and Services are unavailable.

You acknowledge that availability of our Services depends further on scheduled and emergency maintenance periods. We undertake to notify you of scheduled and unscheduled outages that are expected to take more than four (4) hours.

End of Life

We reserve the right to End-Of-Life (“EOL”) our Services at our sole discretion. If you have prepaid Fees for a service that is subject to EOL, we will use commercially reasonable efforts to transition you to a substantially similar Service.

Service Levels and Support

During the Term, we will provide you with reasonable technical support. The total amount of technical support provided by us will be on a fair use basis.

We have no obligation to provide any support:

  • for anything other than our Services;
  • if you or a third party has altered or modified any portion of our Services;
  • if you have not used our Services in accordance with its intended purpose;

The response time for support requests does not typically exceed 72 hours. If the response time exceeds 72 hours, we will tell you why and when we can provide you with support.

Intellectual Property, Proprietary Rights and Prohibited Uses

You acknowledge and agree that:

  • we own all intellectual property rights in our Services;
  • the rights in our Services are licensed (not sold) to you, and
  • that you have no rights in, or to, our Services other than the right to use them in accordance with these Terms;
  • you have no right to have access to our website and Services in source code form.

You may use our Services only for lawful purposes. You may not use our Services:

  • in any way that breaches any applicable local or international laws or regulations;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with these Terms; and
  • to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

You also agree:

  • not to reproduce, duplicate, copy or re-sell any part of our Services;
  • not to access without authority, interfere with, damage or disrupt:
  • any part of our Services;
  • any equipment or network on which our Services are stored;
  • any software used in the provision of our Services; or
  • any equipment or network or software owned or used by any third party.

Uploading content

You irrevocably and unconditionally represent and warrant that any of your content uploaded to our Services complies with our Privacy Policy and any applicable Data Protection laws.

You are fully responsible for your content uploaded to or distributed through our Services.

We will not be responsible, or liable to any third party, for:

  • the content or accuracy of any content or data uploaded to or distributed through us by you or by us on your behalf; or
  • the loss of any content or data provided or distributed through us by you.

We will only use the content or data provided or distributed through us by you for the purposes of:

  • carrying out the Services;
  • carrying out our obligations in this Agreement and
  • any other purpose expressly set out in these Terms or otherwise agreed between us.

We will not otherwise disclose or distribute the content or data uploaded to or distributed through us by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.

We may use the content uploaded by you for the purpose of data analytics or to further develop our Services or machine learning. Any such content shall be anonymised and used only for the purposes of improving the Services and our response to users of the website.

We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website constitutes a violation of their rights under applicable law.

Warranties

We provide our Services, and all related content on an “as is” and “as available” basis.    We make no representations or warranties of any kind, express or implied, as to the operation of any of our Services.

We make no representations about the suitability, reliability, timeliness, comprehensiveness and accuracy of our Services and information, information, services and other content contained on our Services.

We cannot guarantee that our Services and information and content and the provision of the content of our Services will always be correct or fault, error and virus free.
We do not accept liability for incorrect content or errors and omissions in our Services and information on our Services or its content (whether of legal, typographical, technical, or other nature).

To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose.

We do not warrant that our Services, the related content, or electronic communications sent by us are free of viruses or other harmful components.

Limitation of Liability

We are not liable for the completeness, accuracy or correctness of any content and information and any related content.

You expressly agree that your use of our Services is at your sole risk. You agree not to use the Services, and the related content for any resale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms for:

  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss or corruption of data or information;
  • loss of business opportunity, goodwill or reputation; or
  • any other indirect or consequential loss or damage.

Nothing in these Terms shall limit or exclude our liability for:

  • death or personal injury resulting from our negligence;
  • fraud; and/or
  • any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.

These Terms set out the full extent of our obligations and liabilities in respect of the supply of our Services. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us.

Any condition, warranty, representation or other term concerning the supply of our Services which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

Indemnity

You agree to indemnify and hold us, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms (including our Privacy Policy) or any laws or regulations or otherwise.

Force Majeure

We will have no liability to you if we are prevented from or delayed in performing our obligations under this agreement, or from carrying on our business, by acts, events, omissions or accidents beyond our reasonable control, or default of suppliers or subcontractors and will  notify you of such an event and its expected duration as soon as reasonably possible.

Other important terms

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or obligations under these Terms.

You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.

These Terms constitute  the entire agreement between us regarding your use of our Services.

You agree that you have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.

You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement.

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations.

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.

In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to mediation.

These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of the State of Delaware.