These Terms of Services apply when you use our applications (our “Apps”), as well as the services related to our Apps (our “Services”).
These Terms of Services are between the user of the Services (each, a “user” and collectively, the “users”, also referred to as “you” and “your”) and Folks payment inc (“folkschat”, “we”, “us”, “our”).
If you wish to access and use our Services, you must accept and agree to be bound by and comply with these Terms of Services. If you do not agree with these terms and conditions, do not use the Services. Continued use of our Services indicates your continued acceptance of the Terms of Services.
Please read these Terms of Services carefully, as they contain important information regarding your legal rights, remedies and obligations. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding. You will only be permitted to seek relief (including monetary, injunctive and declaratory relief) on an individual basis.
The Terms of Services are effective on the earlier of the date: (i) you first access the Services; (ii) when you download our Apps; or (ii) you click to accept these Terms of Services (“Effective Date”).
In addition, when using our Services, you may be subject to additional terms and conditions from time to time. Our Privacy Policy contains information on how we process your personal information. Please make sure that you read and understand our Privacy Policy. If you have any questions, you can reach out to us at [email protected]
If you have any questions on our Terms of Services, you can reach out to us: [email protected]
Minimum Age
Our Services are not intended for anyone under the age of 18 years old. By using our Services, you represent and warrant that you are over 18 years old. If you are under 18 years old, please cease immediately the use of our Services.
Account Creation
When you use our Services, you can create an account with us.
You agree that you are responsible for the confidentiality of your credentials, and for any activity resulting from the use of your account. You agree to make reasonable efforts to prevent unauthorized access to, or use of, the Services.
You may not share your account credentials, allow third parties to use your account nor assist anyone who is not a registered User to gain access to the Services. You agree to take reasonable confidentiality and security measures for using and securing your device, our Apps and related data. You are fully responsible for all use of your account and for any actions that take place through your account.
You agree to notify us immediately at [email protected] if you become aware of any unauthorized use of your login credentials, and to change your credentials immediately using the built-in functionalities made available to you.
Language and Availability of Services
You agree that the Services may not be available in all languages or in your home country, and may not be appropriate or available for use in any particular location.
Housekeeping Rules
When you use our Services, we ask that you follow very simple housekeeping rules. We also ask you not to encourage others to break this rule, or to help them doing so – that would also be considered a breach by you of our housekeeping rules. The rules are the following. Please do not:
If you do any of the foregoing, we reserve our right to suspend your access to the Services. If we believe you’re about to breach our housekeeping rules, we may suspend your access preemptively and until we conduct our inquiry. If we determine, in our reasonable discretion, that you were effectively attempting to breach these housekeeping rules, we can maintain the suspension longer, or indefinitely. If you paid for our Services, we have no obligation to reimburse you if the suspension is caused by a breach of our housekeeping rules.
Intellectual Property
Our trademarks, logos, products and services names are our intellectual property. Except as otherwise permitted by law, please do not use or display in any manner our trademarks without our prior consent.
All titles, ownership rights and intellectual property rights in and to the Services and any and all copies thereof, are owned by us. All rights are reserved, except as expressly stated in these Terms of Services. The Content included in or made available through the Services is our property. No portion of the Services may be reproduced in any form or by any means, except as expressly permitted by these Terms of Services.
Subject to the limitations set forth in these Terms of Services, in the event of a breach of a third party’s that a third party claims that its intellectual property rights are infringed by the Services, we are solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim, at the exclusion of any third parties, including Device Operator.
Feedback
Notwithstanding anything to the contrary, we are the sole owner of any suggestions, enhancement requests, recommendations or other feedback provided by you to us, so long as they relate to the Services, and you hereby assign to us, without limitation of any kind, all of your rights, titles and interests therein, and we accept such assignment.
Updates, New Releases and Upgrade
Any updates, new releases or upgrades (together, “Updates”) are subject to these Terms of Services. Updates are provided when available, at our sole discretion, and may include bug fixes, security updates, new features and enhancements to existing features. Updates do not include new applications, new third-party tools and/or new functionalities, to the extent that these are subject to additional fees, as determined by us.
Once an Update is released, it is your responsibility to update your Apps diligently. We may not support previous versions of our Services, and we have no liability or responsibility for supporting and maintaining them, including for security patches. It’s important to update your Apps to ensure that you are using a secured version of our Apps.
Licenses
Our Apps are licensed, not sold, to you. Subject to your respect of these Terms of Services, and during the Term, we grant you a revocable, non-exclusive, non-transferable, limited and worldwide license to download, install, use and access our Services for your personal use on devices that you own or control. There are a few limits to this license:
You may not transfer, redistribute or sublicense our Apps and, if you sell your device to a third party, you must remove our Apps from your device before doing so;
You may not transfer, redistribute or sublicense our Apps and, if you sell your device to a third party, you must remove our Apps from your device before doing so;
You may not copy (except as permitted by the Terms of Services), reverse-engineer, disassemble, attempt to derive the source code of, modify or create derivative works of our Apps, any updates or any part thereof (except as and only to the extent that any foregoing restriction is prohibited by applicable law or to the extent as may be permitted by the licensing terms governing use of any open-sourced components included with our Apps).
You acknowledge and agree that Device Operators, and their subsidiaries, are third party beneficiaries of these Terms of Services to the extent that they relate to our Apps. As of the Effective Date, the Device Operators will have the right (and will be deemed to have accepted the right) to enforce these Terms of Services against you as a third party beneficiary thereof regarding the Apps.
Maintenance and Support
The Services do not include maintenance and support services, although we try to help all our users and respond to their requests. You can write to us at [email protected] if you have any requests regarding maintenance and support. Device Operators are not responsible for providing any maintenance or support services for our Apps.
External Services
Our Services may enable access to third party services, applications and websites (the “External Services”). You agree to use the External Services at your sole risk. We are not responsible for examining or evaluating the content or accuracy of any third-party External Services, and shall not have any liability whatsoever for any such External Services. To the extent you choose to use such External Services, you are solely responsible for compliance with any applicable laws.
We reserve our right to change, suspend, remove, disable or impose access restrictions or limits on any External Services, at any time, and without notice or liability to you.
Your Data
We will not use your personal data for any purposes other than as set forth in our Privacy Policy.
You agree that we may collect electronic data about your use of our Services, including user, technical and performance information about you, your device and any peripherals (including, without limitation, model, screen size and connectivity), operating systems, as well as other data about your usage of our Services. If such data allows us to identify you or reasonably identify you, such processing is covered in our Privacy Policy. You hereby consent to our Privacy Policy.
You agree that we can analyze, combine and aggregate your data, and publish and distribute such aggregated data if your identity cannot be reasonably ascertained.
Disclaimer of Warranties
Although we will do our best to provide constant, uninterrupted access to the Services, we do not guarantee this. We accept no responsibility or liability for any interruption, suspension, unavailability or delays in the access or use of the Services.
Except as set forth in these Terms of Services and subject to applicable laws, we make no representations or warranties of any kind, whether express or implied, to you relating to our Services, which are provided to you on an ‘as is’, ‘as where’ and ‘as available’ basis, with all faults and without warranty of any kind, and we hereby disclaim all warranties and conditions with respect to the Services, either express, implied or statutory, including, but not limited to, the implied warranties and/or conditions of merchantability, of satisfactory quality, of fitness for a particular purpose, of accuracy, of quiet enjoyment, and of non-infringement of third-party rights. No oral or written information or advice given by folkschat or its authorized representative shall create a warranty.
In the event that our Apps fail to conform with applicable warranties, you may notify your Device Operator and they may refund the purchase price for the Apps based on their own policies. To the maximum extent permitted by applicable law, Device Operators will have no other warranty obligations whatsoever with respect to the Apps, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be our responsibility.
We are solely responsible for addressing any of your claims (or the claims of third parties) relating to our Apps, including, but not limited to, product liability claims, any claim that our Apps fail to conform to any applicable regulatory requirement, or claims arising under consumer protection, privacy or similar legislation.
Limitation of Liability
Subject to applicable laws, in no event will you or us have any liability to the other for any lost profits or revenues or for any indirect, special, incidental, consequential, cover or punitive damages however caused, whether in contract, tort or under any other theory of liability, and whether or not the party has been advised of the possibility of such damages.
Subject to applicable laws, our maximum aggregate liability to you or any user for any breach of the Terms of Services or otherwise is fifty dollars ($50) in the aggregate.
Some jurisdictions do not allow the disclaimer or exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the limitations set forth above may not apply to you or be enforceable with respect to you. If you are dissatisfied with any portion of the Services or with these Terms of Services, your sole and exclusive remedy is to discontinue use of the Services, except as otherwise set forth in these Terms of Services.
Indemnification
You agree to defend, indemnify, and hold folkschat and its representatives harmless from and against any third party claims, demand, liabilities, damages, losses, and expenses, including, without limitation, reasonable attorney’s fees, arising out of or in any way connected with your material breach of these Terms of Services. We reserve our exclusive right, at your expense, to conduct the defense of any such claims and assume control of any matter, subject to indemnification by you, in which event you shall cooperate with us in asserting any and all available defenses.
Changes to the Service
We may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue the Services or a portion thereof.
We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of this Service at any time without notice, but confirm that we have no duty to do so. We determine the content of the Services at our sole discretion.
We will make commercially reasonable efforts to notify Users of discontinuation of the Services in advance. We disclaim any liability for any inconvenience.
Term; Termination; Effect of Termination
These Terms of Services are effective on the Effective Data and continue as long as you use our Services, including for as long as our Apps are installed on your device, and as long as you do not delete your account with us (the “Term”). You can delete your account with us directly under settings > edit your profile within the App.
We can terminate these Terms of Services at any time subject to a prior written notice of at least five (5) days. Services paid for in advance will be reimbursed as set forth in these Terms of Services.
If these Terms of Services are terminated for any reasons, all provisions that by their nature should survive the Term will survive the Term, including, without limitation, any disclaimers and limitations of liability.
Export Control
You may not use or otherwise export or re-export our Services (including any technical information related thereto) except as authorized by applicable laws, including Canadian or American laws. In particular, but without limitation, our Apps may not be re-exported (a) into any U.S.-embargoed countries or countries designated by the U.S. Government as state sponsors of terrorism; or (b) to anyone on the U.S. Treasury Department’s Specially Designated Nationals List or the U.S. Department of Commerce Denied Persons List or Entity List. By using our Apps, you represent and warrant that you are not located in any such country, or are on any such list. You also agree that you will not use our Services for any purposes prohibited by Canada, the United States or international laws, including, without limitation, the development, design, manufacture, or production of nuclear, missile, or chemical or biological weapons.
Our Services and related documentation are “Commercial Items”, as that term is defined at 48 C.F.R. §2.101, consisting of “Commercial Computer Software” and “Commercial Computer Software Documentation”, as such terms are used in 48 C.F.R. §12.212 or 48 C.F.R. §227.7202, as applicable. Consistent with 48 C.F.R. §12.212 or 48 C.F.R. §227.7202-1 through 227.7202-4, as applicable, the Commercial Computer Software and Commercial Computer Software Documentation are being licensed to U.S. Government end users (a) only as Commercial Items and (b) with only those rights as are granted to all other end users pursuant to the terms and conditions herein. Unpublished-rights reserved under the copyright laws of the United States.
Changes to the Terms of Services
We may change our Terms of Services at our sole discretion. If we do so, we will provide a notice to our users through the Services or otherwise. If you continue to use the Services after receiving such notice, you will be deemed to consent to such changes, regardless of whether we requested your explicit consent.
For your convenience, we included the date of the latest change to these Terms of Services above.
Governing Laws and Jurisdiction
Subject to applicable law, these Terms of Services and the relationship between you and us shall be governed by the laws of Delaware, USA applicable therein. You and us agree to submit to the non-exclusive jurisdiction of the courts located in Delaware, USA. Specifically excluded from application to the Terms of Services is that law known as the United Nations Convention on the International Sale of Goods.
Prohibition of Class and Representation Actions and Non-Individualized Relief
You agree that each of us may bring claims against the other only on an individual basis and not as a plaintiff or class member in any purported class or representative basis and not as a plaintiff or class member in any purported class or representative action or proceeding. Unless we both agree otherwise, the courts may not consolidate or join more than one person’s or party’s claims and may not otherwise preside over any form of a consolidated, representative or class proceeding. Also, the courts may award relief (including monetary, injunctive and declaratory relief) only in favor of the individual party seeking relief and only to the extent necessary to provide relief necessitated by that party’s individual claim(s), except that you may pursue a claim for and the arbitrator may award public injunctive relief under applicable law to the extent required for the enforceability of this provision.
General
Nothing in these Terms of Services shall be construed as forming any relationship of employment, partnership, agency, trust, franchise, or joint venture between you and us. Nor do they create any fiduciary duties.
No waiver or consent to depart from the requirements of any provision of the Terms of Services will be binding. Our failure to exercise or enforce any right or provision of these Terms of Services shall not constitute a waiver of such right or provision.
You may not assign or otherwise transfer any of your rights or obligations under these Terms of Services to any third party without the prior written consent of Folkschat. No assignment or delegation by you shall relieve or release you from any of your obligations under these Terms of Services.
If any provision of the Terms of Services is found to be invalid by any court of competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect.
The parties acknowledge that they have required this Agreement and all related documents to be prepared in English only.
Questions
We welcome you to contact us with any questions on these Terms of Service. You can send your questions regarding these Terms of Service to the following email address: [email protected]