These Terms and Conditions ("Terms") constitute a legally binding agreement between you ("you," "your," or "User") and Fiatmo LLC ("Fiatmo," "we," "us," or "our"). By accessing, browsing, or using the Fiatmo website, mobile application, and any related services (collectively, the "Services"), you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated by reference.
If you do not agree to these Terms, you must immediately cease all use of the Services. We reserve the right to deny access to any person or entity at our sole discretion.
You must be at least 13 years of age (or the minimum age required by the laws of your jurisdiction) to use the Services. By creating an account or using the Services, you represent and warrant that you meet the eligibility requirements and have the legal capacity to enter into these Terms. If you are using the Services on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
To access certain features, you may need to create an account. You agree to:
You are solely responsible for all activities that occur under your account. We reserve the right to suspend, disable, or terminate any account at our sole discretion, with or without notice, for any reason, including but not limited to a violation of these Terms.
You retain ownership of any content you submit, post, or display on or through the Services ("User Content"). By making User Content available, you grant Fiatmo a worldwide, non-exclusive, royalty-free, transferable, sublicensable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, and display such User Content in connection with operating and providing the Services and for our business purposes, including marketing and promotion, in any media formats and through any media channels now known or hereafter developed.
This license continues even if you stop using the Services, to the extent your User Content has been shared with others and they have not deleted it, or where we are required to retain it for legal or legitimate business purposes.
You represent and warrant that:
We reserve the right, but have no obligation, to monitor, review, edit, or remove any User Content at our sole discretion, for any reason, without notice. We are not responsible or liable for any User Content posted by you or any third party.
You agree not to:
We reserve the right to investigate and take appropriate action against anyone who, in our sole discretion, violates this section, including but not limited to removing User Content, suspending or terminating accounts, and reporting violations to law enforcement.
The Services, including all content, features, functionality, software, text, graphics, logos, icons, images, audio, video, data compilations, and the design, selection, and arrangement thereof, are the exclusive property of Fiatmo and its licensors and are protected by copyright, trademark, patent, trade secret, and other intellectual property laws.
You may not copy, modify, distribute, sell, lease, or create derivative works based on the Services or any content therein without our express written permission. The Fiatmo name, logo, and all related trademarks, trade names, and service marks are the property of Fiatmo. Nothing in these Terms grants you any right to use the Fiatmo trademarks without our prior written consent.
The Services may contain links to or integrations with third-party websites, services, or applications ("Third-Party Services"). We do not control and are not responsible for Third-Party Services, and your use of them is at your own risk. We do not endorse or assume any liability for any Third-Party Services. We encourage you to review the terms and privacy policies of any Third-Party Services you access.
Certain features of the Services may require payment. By purchasing a subscription or making a payment, you agree to the applicable pricing, payment, and billing terms as presented at the time of purchase. All fees are non-refundable unless otherwise stated or required by applicable law. We reserve the right to modify our pricing at any time. Changes to subscription pricing will take effect at the start of the next subscription period after the change.
THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIATMO DISCLAIMS ALL WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
We do not warrant that the Services will be uninterrupted, timely, secure, error-free, or free from viruses or other harmful components. We do not warrant that the results obtained from the use of the Services will be accurate or reliable. You acknowledge that your use of the Services is at your sole risk.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIATMO, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, AFFILIATES, SUCCESSORS, OR ASSIGNS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, DATA, USE, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF THE THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY, OR OTHERWISE), EVEN IF FIATMO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIATMO'S TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS SHALL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO FIATMO IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (USD $100.00).
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you. In such cases, our liability will be limited to the fullest extent permitted by applicable law.
You agree to indemnify, defend, and hold harmless Fiatmo, its directors, officers, employees, agents, affiliates, successors, and assigns from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees and costs) arising out of or in connection with:
We may suspend, restrict, or terminate your access to the Services at any time, with or without cause, with or without notice, and without liability to you. You may terminate your account at any time by contacting us. Upon termination, all rights and licenses granted to you under these Terms will immediately cease. Sections that by their nature should survive termination shall survive, including but not limited to Sections 4.1 (license grant), 6, 9, 10, 11, 14, and 15.
We reserve the right to modify, suspend, or discontinue any part of the Services at any time, temporarily or permanently, with or without notice and without liability to you. We reserve the right to update or change these Terms at any time at our sole discretion. When we make material changes, we will update the "Last updated" date at the top of this page and, where required by law, provide notice. Your continued use of the Services after any changes constitutes acceptance of the revised Terms.
These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, United States, without regard to its conflict of laws principles.
Any dispute, controversy, or claim arising out of or relating to these Terms or the Services shall first be attempted to be resolved through good-faith negotiation. If the dispute cannot be resolved through negotiation within thirty (30) days, either party may submit the dispute to binding arbitration administered in accordance with the rules of the American Arbitration Association. The arbitration shall take place in the State of Delaware, and the language of the arbitration shall be English.
You agree that any dispute resolution proceedings will be conducted on an individual basis and not in a class, consolidated, or representative action. You waive any right to participate in a class action lawsuit or class-wide arbitration against Fiatmo.
If you have any questions about these Terms, please contact us at:
Fiatmo LLC
Email: legal@fiatmo.com
Website: fiatmo.com/contact