Terms of Service
These terms govern the use of the Application, including all features and functionality available through the Application and the Website.
Interpretation
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions hall have the same meaning regardless of they appear in singular or in plural.
Definitions
- Application refers to the software program provided by the Company downloaded by You on any electronic Device, named Fimodoro
- Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authorities
- Company (referred to as either “the Company“, “the Editor”, “We”, “Us” or “Our”) refers to Vincent Lossel EI, 4 Rue d’Andlau, 67800 Hoenheim, France
- Country refers to: France
- Device means any device that can access the Service such as a computer, a cellphone or a digital tablet
- Service refers to the Application and/or the Website
- Terms and Conditions (also referred to as “Terms”) means the Terms and Conditions that form the entire agreement between You and the Company regarding the use of the Service
- You (referred to as either “the User”, “User” or “Your”) means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable
- Website refers to the website accessible from the domain “fimodoro.app” and all its subdomains
Aknowledgment
These are the Terms and Conditions governing the use of the Service and the agreement that operates between You and the Company. These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service. By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.
Your access to and use of the Service is also conditioned on Your acceptance of and compliance with the Privacy Policy of the Company. Our Privacy Policy describes Our policies and procedures on the collection, use and disclosure of Your personal information when You use the Application or the Website and tells You about Your privacy rights and how the law protects You.
Subscription
The Application offers a subscription package that gives Users access to premium features. The subscription is billed on a monthly or yearly basis or as a one-time payment, depending on the User's choice. By subscribing, the User agrees to pay the applicable subscriptions fees and any taxes that may apply to the subscription.
We reserve the right to modify, terminate or otherwise amend the subscription package at any time and for any reason.
Links to Other Websites
Our Service may contain links to third-party websites or services that are not owned or controlled
by the Company. The Company has no control over, and assumes no responsibility for, the content,
privacy policies, or practices of any third party web sites or services. You further acknowledge and
agree that the Company shall not be responsible or liable, directly or indirectly, for any damage or
loss caused or alleged to be caused by or in connection with the use of or reliance on any such
content, goods or services available on or through any such websites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party
websites or services that You visit.
Intellectual Property
The Editor is the owner of the intellectual rights and has the rights of use on all the elements accessible on the Application, in particular the texts, images, graphics, logos, videos, icons and sounds.
Any reproduction, representation, modification, adaptation or publication of all or part of the elements of the Website, whatever the means or process used, is prohibited without the prior written authorization of the Editor.
Any unauthorized use of the Application or any of the elements it contains will be considered as constituting an infringement and prosecuted in accordance with the provisions of the Intellectual Property Code.
Privacy
We are committed to protect your privacy. Our Privacy Policy offers details about how we collect, use, and disclose information about you.
By using the Application, you consent to the collection, use, and disclosure of your information, as described in the Privacy Policy.
Termination
We may terminate or suspend Your access immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions. Upon termination, Your right to use the Service will cease immediately.
Limitations of Liability
Notwithstanding any damages that You might incur, the entire liability of the Company and any of its
suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall
be limited to the amount actually paid by You through the Service or 100 USD if You haven't
purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be
liable for any special, incidental, indirect, or consequential damages whatsoever (including, but
not limited to, damages for loss of profits, loss of data or other information, for business
interruption, for personal injury, loss of privacy arising out of or in any way related to the use
of or inability to use the Service, third-party software and/or third-party hardware used with the
Service, or otherwise in connection with any provision of this Terms), even if the Company or any
supplier has been advised of the possibility of such damages and even if the remedy fails of its
essential purpose.
Some states do not allow the exclusion of implied warranties or limitation of liability for
incidental or consequential damages, which means that some of the above limitations may not apply.
In these states, each party's liability will be limited to the greatest extent permitted by law.
AS IS
The Service is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without
warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own
behalf and on behalf of its Affiliates and its and their respective licensors and service providers,
expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect
to the Service, including all implied warranties of merchantability, fitness for a particular
purpose, title and non-infringement, and warranties that may arise out of course of dealing, course
of performance, usage or trade practice.
Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no
representation of any kind that the Service will meet Your requirements, achieve any intended
results, be compatible or work with any other software, applications, systems or services, operate
without interruption, meet any performance or reliability standards or be error free or that any
errors or defects can or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any
representation or warranty of any kind, express or implied: (i) as to the operation or availability
of the Service, or the information, content, and materials or products included thereon; (ii) that
the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency
of any information or content provided through the Service; or (iv) that the Service, its servers,
the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan
horses, worms, malware, time-bombs or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on
applicable statutory rights of a consumer, so some or all of the above exclusions and limitations
may not apply to You. But in such a case the exclusions and limitations set forth in this section
shall be applied to the greatest extent enforceable under applicable law.
Governing Law and Jurisdiction
Any dispute in connection with the use of the Application is subject to French law. Except in cases where the law does not allow it, exclusive jurisdiction is given to the qualified courts of Strasbourg, France.
Your use of the Application may also be subject to other local, state, national, or international laws.
Disputes Resolution
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the Company.
European Union (EU) Users
If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which you are resident in.
United States Legal Compliance
You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a “terrorist supporting” country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.
Severability
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Waiver
Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not effect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.
Changes to These Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms and Conditions at any
time.
If a revision is material, We will make reasonable efforts to provide at least thirty (30) days
notice prior to any new Terms taking effect. What constitutes a material change will be determined
at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised Terms. If You do not agree to the new Terms, in whole or in part, stop using Our Service.
Contact
If You have any question about these Terms and Conditions, You can contact us by email: [email protected]
Last updated: 2024-05-06