4Fimo® Terms of Service
4Fimo®, a Liveadviser Inc. product (also referred to as "we", "us", or "our") that provides the services described below (collectively, "Services"). 4Fimo® Terms of Service explain our agreement with you (User) to use our Services. In order to provide our Services (as defined below) through our app, services, features, software or website, we need to obtain your express agreement (as a user) to our Terms of Service ("Terms"). You must agree and abide by 4Fimo® Terms of Service. You agree to our Terms by registering, installing, accessing, or using our apps, services, features, software, or website. Violation of 4Fimo® Terms of Service may lead to various serious consequences including, but not limited to, suspending your account.
File Sharing and transferring. We provide ways for you to transfer files (e.g., images, video, and documents) between your devices, phone to a computer, vice verse, and to share files with other people.
Managing Your Account
Registration. You must
for our Services using a valid email address and user created
password. We will confirm your email by sending you an
activation link before you can start using our Services.
Communicating with us. As part of your account registration, you may opt out of receiving marketing communication. However, please note that we will still email you regarding any changes or updates to our Services
About using 4Fimo®
Ways To Improve Our Services. We may analyze how
you make use of 4Fimo®, in order to improve all aspects of our
Services described here, including helping businesses who use
4Fimo® measure the effectiveness and distribution of their
services and messages.
Data Centers and Our Services. To operate our Services, we need to store and distribute content and information in data centers and systems. Currently we use AWS servers to store and host our Services. Those servers are located within the AWS U.S. regions. This infrastructure may be owned or operated by our service providers or their affiliated companies. For more information about AWS policies please visit amazon policies.
Age Requirement. To use 4Fimo®, you must be at least 18 years-old. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.
Recipient's information. You provide us, all in accordance with applicable laws, a valid email address of the receiver of your message or files.
Access to Devices. You may choose to provide 4Fimo® with access to your device's camera or files in order to be able to share such photos or files with yourself or any recipient.
No Access to Phone or Text Service. Our Services do not provide access to standard phone or SMS messaging features on your phone and the app cannot be used for these services. This includes contacting emergency services or emergency services providers, including the police, fire departments, or hospitals, or otherwise connecting to public safety answering points. You should ensure you can contact your relevant emergency service providers through a mobile phone, a fixed-line telephone, or other service.
Devices and Software. You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. In order to use our Services, you consent to manually or automatically download our application and install updates to our Services. You also consent to our sending you notifications via 4Fimo® from time to time, as necessary to provide our Services to you.
Fees and Taxes. 4Fimo® charges a fee for Premium Plans varying per plan. Any payments made to 4Fimo® will be made on an annual basis by using Amazon Pay. 4Fimo® doesn't process your financial information including not providing options for payments' auto renewal or recurring payments. For more information please visit Amazon's privacy policies page. You are responsible for all carrier's data plans, Internet fees, and other fees and taxes associated with your use of our Services.
Payment Dispute. If you believe you have been incorrectly charged, you must notify Amazon of such disputed charges within the time provided for in your payment card agreement or you waive your right to dispute those charges. Please contact Amazon Pay customer service.
Acceptable Use of Our Services
Our Terms and Policies. You must use
our Services according to our Terms and policies. If you violate
our Terms or policies, we may take action with respect to your
account, including disabling or suspending your account and, if
we do, you must not create another account without our
permission. Any amendment to or waiver of our Terms requires our
express consent. You have the right to terminate your
relationship with 4Fimo® at any time by deleting your account.
Privacy and Security Principles. We've built our Services based on Privacy principles and protections. We work to protect the safety and security of 4Fimo® by appropriately dealing with abusive people and activity and violations of our Terms. We prohibit misuse of our Services, harmful conduct towards others, and violations of our Terms and policies, and address situations where we may be able to help support or protect our community. As a user, you must respect other users of 4Fimo® and our Terms. Users may block and report other Users who violate our Terms and for violating a third-party Intellectual Property Rights. Please note that once an account/ User is blocked, 4Fimo® may review the User's activities and may pursue other actions including, but not limited to, suspending your account or contacting law enforcement.
Legal and Acceptable Use. YOU MUST ACCESS AND USE OUR SERVICES ONLY FOR LEGAL, AUTHORIZED, AND ACCEPTABLE PURPOSES. YOU WILL NOT USE (OR ASSIST OTHERS IN USING) OUR SERVICES IN WAYS THAT: (A) VIOLATE, MISAPPROPRIATE, OR INFRINGE THE RIGHTS OF 4FIMO, OUR USERS, OR OTHERS, INCLUDING PRIVACY, PUBLICITY, INTELLECTUAL PROPERTY, OR OTHER PROPRIETARY RIGHTS; (B) ARE ILLEGAL, OBSCENE, DEFAMATORY, THREATENING, INTIMIDATING, HARASSING, HATEFUL, RACIALLY OR ETHNICALLY OFFENSIVE, OR INSTIGATE OR ENCOURAGE CONDUCT THAT WOULD BE ILLEGAL OR OTHERWISE INAPPROPRIATE, INCLUDING PROMOTING VIOLENT CRIMES; (C) INVOLVE PUBLISHING FALSEHOODS, MISREPRESENTATIONS, OR MISLEADING STATEMENTS; (D) IMPERSONATE SOMEONE; (E) INVOLVE SENDING ILLEGAL OR IMPERMISSIBLE COMMUNICATIONS, SUCH AS BULK MESSAGING, AUTO-MESSAGING, AUTO-DIALING, AND THE LIKE; (F) INVOLVE ANY NON-PERSONAL USE OF OUR SERVICES UNLESS OTHERWISE AUTHORIZED BY US; OR (G) CONTACTING A MINOR.
Disclaimers Against Harm To 4Fimo® Or Our Users. You must not (or assist others to) directly, indirectly, through automated or other means access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Services in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Services, systems, our users, or others, including that you must not directly or through automated means:
(a) reverse engineer, alter, modify, create derivative work from, decompile, or extract code from our Services;
(b) send, store, or transmit viruses or other harmful computer code through or onto our Services;
(c) gain or attempt to gain unauthorized access to our Services or systems;
(d) interfere with or disrupt the safety, security, or performance of our Services;
(e) create accounts for our Services through unauthorized or automated means;
(f) collect the information of or about our users in any impermissible or unauthorized manner;
(g) sell, resell, rent, or charge for our Services in an unauthorized manner;
(h) distribute or make our Services available over a network where they could be used by multiple devices at the same time, except as authorized through tools we have expressly provided via our Services; or
(i) create software or APIs that function substantially the same as our Services and offer them for use by third parties in an unauthorized manner.
4Fimo® Intellectual Property and Copyrights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Services. You may not use our copyrights, trademarks, domains, logos, trade dress, patents, or other intellectual property rights unless you have our express permission. Any such prohibited use will be prosecuted.
4Fimo® License To You. We grant you a limited, revocable, non-exclusive, non-sublicensable, and non-transferable license to use our Services, subject to and in accordance with our Terms. This license is for the sole purpose of enabling you to use our Services in the manner permitted by our Terms of Service and applicable law. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted to you.
WE WILL USE REASONABLE SKILL AND CARE IN PROVIDING OUR SERVICES TO YOU AND IN KEEPING IT A SAFE, SECURE, AND IN ERROR-FREE ENVIRONMENT, BUT WE DO NOT GUARANTEE THAT 4FIMO WILL ALWAYS FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. YOU USE OUR SERVICES AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. WE ARE PROVIDING OUR SERVICES ON AN "AS IS" BASIS WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL AND ARE NOT RESPONSIBLE FOR, CONTROLLING HOW OR WHEN OUR USERS USE OUR SERVICES OR THE FEATURES, SERVICES, AND INTERFACES OUR SERVICES PROVIDE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR OTHER THIRD PARTIES. YOU RELEASE US, OUR SUBSIDIARIES, AFFILIATES, AND OUR AND THEIR DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AND AGENTS (TOGETHER, THE "4FIMO PARTIES") FROM ANY CLAIM, COMPLAINT, CAUSE OF ACTION, OR CONTROVERSY (TOGETHER, "CLAIM") AND DAMAGES, KNOWN AND UNKNOWN, RELATING TO, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH ANY SUCH CLAIM YOU HAVE AGAINST ANY THIRD PARTIES. YOUR RIGHTS WITH RESPECT TO 4FIMO ARE NOT MODIFIED BY THE FOREGOING DISCLAIMER IF THE LAWS OF YOUR COUNTRY OF RESIDENCE, APPLICABLE AS A RESULT OF YOUR USE OF OUR SERVICES, DO NOT PERMIT IT. IF YOU ARE A UNITED STATES RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE 1542, WHICH SAYS: A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS OR HER FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM OR HER MUST HAVE MATERIALLY AFFECTED HIS OR HER SETTLEMENT WITH THE DEBTOR.
Limitation Of Liability.
OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR TERMS, US, OR OUR SERVICES SHALL BE LIMITED TO LOSSES THAT ARE A REASONABLY FORESEEABLE CONSEQUENCE OF SUCH BREACH (EXCEPT IN RELATION TO DEATH, PERSONAL INJURY, OR FRAUDULENT MISREPRESENTATION) AND WILL NOT EXCEED THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS.
If anyone brings a claim ("Third-Party Claim") against us
related to your actions, information, or content on 4Fimo®, you
will, to the extent permitted by law, indemnify and hold the
4Fimo® Parties harmless from and against all liabilities,
damages, losses, and expenses of any kind (including reasonable
legal fees and costs) relating to, arising out of, or in any way
in connection with any of the following:
(a) your access to or use of our Services, including information provided in connection therewith;
(b) your breach of our Terms or of applicable laws; or
(c) any misrepresentation made by you. You will cooperate as fully as required by us in the defense or settlement of any Third-Party Claim. Your rights with respect to 4Fimo® are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.
Availability And Termination Of Our Services.
We are always trying to improve our Services. That means we may add or remove our Services, features, functionalities, and the support of certain devices and platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services, including certain features and the support for certain devices and platforms, at any time after a notice period of thirty days (30) days, where possible. Events beyond our control may affect our Services, such as events in nature and other force majeure events.
Changes to Our Terms of Service.
We may amend or update these Terms. Unless otherwise required by law, we will provide you at least thirty (30) days' notice of amendments to our Terms, which will give you the opportunity to review the revised Terms before continuing to use our Services. We will also update the "Last Modified" date at the top of our Terms. Changes to these Terms shall become effective no sooner than thirty (30) days after we provide notice of planned changes. Please note that we may not be able to provide such notice for changes to these Terms that are required to address technical evolutions of our Services or for changes made for legal reasons, both of which will become effective immediately. Your continued use of our Services following the notice period of planned changes confirms your acceptance of our Terms, as amended. We hope you will continue using 4Fimo®, but if you do not agree to our Terms, as amended, you must stop using our Services by deleting your account or we may be otherwise required to remove your account.
Assignment and Enforcement of Rights.
All of our rights and obligations under our Terms are freely
assignable by us to any affiliate or in connection with a
merger, acquisition, restructuring, or sale of assets, or by
operation of law or otherwise, and we may transfer your
information to any of our affiliates, successor entities, or new
owner(s). In the event of such an assignment, these Terms will
continue to govern your relationship with such third- party. We
hope you will continue using 4Fimo®, but if you do not agree to
such an assignment, you must stop using our Services by
your account or we may be otherwise required to remove your
You will not transfer any of your rights or obligations under our Terms to anyone else without our prior consent.
Except as contemplated herein, our Terms do not give any third-party beneficiary rights.
If we fail to enforce any of our Terms, it will not be considered a waiver.
We reserve all rights not expressly granted by us to you. In certain jurisdictions, you may have legal rights as a consumer, and our Terms are not intended to limit such consumer legal rights that may not be waived by contract. Also, in certain jurisdictions, you may have legal rights as a data subject, and our Terms are not intended to limit such rights that may not be waived by contract.
We always appreciate your feedback or other suggestions about 4Fimo® and our Services, but you understand that you have no obligation to provide feedback or suggestions and that we may use your feedback or suggestions without any obligation to compensate you for them./p>
Dispute Resolution/ Arbitration Provision.
4Fimo® and you each agree to waive the right to a trial by judge
or jury for all Disputes, except for the Excluded Disputes.
4Fimo® and you agree that all Disputes (except for the Excluded
Disputes), including those relating to, arising out of, or in
any way in connection with your rights of privacy and publicity,
will be resolved through final and binding arbitration. 4Fimo®
and you agree not to combine a Dispute that is subject to
arbitration under our Terms with a Dispute that is not eligible
for arbitration under our Terms.
The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules in effect at the time the arbitration is started, including the Optional Rules for Emergency Measures of Protection and the Supplementary Procedures for Consumer-Related Disputes (together, the "AAA Rules"). The arbitration will be presided over by a single arbitrator selected in accordance with the AAA Rules. The AAA Rules, information regarding initiating a Dispute, and a description of the arbitration process are available at www.adr.org. The arbitrator will decide whether a Dispute can be arbitrated. The location of the arbitration and the allocation of fees and costs for such arbitration shall be determined in accordance with the AAA Rules.
"Excluded Dispute" means any Dispute relating to the enforcement or infringement of your or our intellectual property rights (such as copyrights, trademarks, domains, logos, trade dress, trade secrets, and patents). For clarity and notwithstanding the foregoing, those Disputes relating to, arising out of, or in any way in connection with your rights of privacy and publicity are not Excluded Disputes.
Time Limit To Bring Claim. 4Fimo® and you agree that for any Dispute (except for the Excluded Disputes) we and you must bring claims (including commencing an arbitration proceeding) within one (1) year after the Dispute first arose; otherwise, such Dispute is permanently barred. This means that if we or you do not bring a claim (including commencing an arbitration) within one (1) year after the Dispute first arose, then the claim will be dismissed because it was started too late.
Federal Arbitration Act. The United States Federal Arbitration Act governs the interpretation and enforcement of this "Special Arbitration Provision for United States or Canada Users" section, including any question whether a Dispute between 4Fimo® and you is subject to arbitration.
No Class Actions, Class Arbitrations, Or Representative Actions. We and you each agree that if you are a 4Fimo® user located in the United States or Canada, each of us and you may bring Disputes against the other only on its or your own behalf, and not on behalf of any other person or entity, or any class of people. We and you each agree not to participate in a class action, a class-wide arbitration, Disputes brought in a private attorney general or representative capacity, or consolidated Disputes involving any other person or entity in connection with any Dispute.
Severability. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions of our Terms, and the remaining portion of our Terms will remain in full force and effect.
Survival. The following provisions will survive any termination of your relationship with 4Fimo®: "4Fimo® Intellectual Property and Copyrights", "Disclaimers Against Harm To 4Fimo® Or Our Users" "4Fimo® License To You", "Indemnification," "Dispute Resolution."
Customer Support: for any questions or concerns please contact Customer Support.