Welcome to Fiskl, a mobile and online business productivity service designed especially for small and medium sized businesses and independent freelancers. These Terms of Service are intended to explain our obligations as a service provider and Your obligations as a customer. Please read them carefully.
These Terms are binding on any use of the Service and apply to You from the time that Fiskl provides You with access to the Service.
By signing up for a Fiskl account, downloading of the application or any application upgrades, using the application on Your mobile device, or accessing and using the Fiskl Web Services acknowledge that You have read and understood these Terms and have the authority to act on behalf of any person for whom You are using the Service. You are deemed to have agreed to these Terms on behalf of any entity for whom You use the Service.
These Terms of Service govern Your access to and use of the Fiskl Mobile & Web Service and all Site Content and constitute a binding legal agreement between You and Fiskl.
“Agreement” means these Terms of Service.
“Service Fee(s)” means the monthly fee (excluding any taxes and duties) payable by You in accordance with the fee schedule set out on the Site (which Fiskl may change from time to time on notice to You).
“Confidential Information” includes all information exchanged between the parties to this Agreement, whether in writing, electronically or orally, including the Service but does not include information which is, or becomes, publicly available other than through unauthorized disclosure by the other party.
“Data” means any data inputted by You or with Your authority into the Fiskl applications or Site.
“Intellectual Property Right” means any patent, trade mark, service mark, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
“Service(s)” means the online expense management services made available (as may be changed or updated time to time by Fiskl) via the Fiskl Site, mobile applications, together with any related software, products, tools and services provided in connection with the applications and Site.
“Site” means the Internet site at the domain www.fiskl.com, the Fiskl Web Dashboard or any other site operated by Fiskl.
“Fiskl” means Fiskl Limitedand all current and future subsidiaries of Fiskl Limited worldwide.
“User” means the person who registers to use the Service, and, where the context permits, includes any entity on whose behalf that person registers to use the Service.
“You” means the User, the User’s company or any other legal entity. “Your” has a corresponding meaning.
2.1. The Fiskl Service will evolve over time.Fiskl reserves the right, at its sole discretion, to modify, discontinue or terminate the Fiskl Service or to modify these Terms of Service, at any time and without prior notice. If we modify these Terms of Service, we will post the modification on the Site or provide You with notice of the modification. By continuing to access or use the Fiskl Service after we have posted a modification on the Site or Application or have provided You with notice of a modification, You are indicating that You agree to be bound by the modified Terms of Service. If the modified Terms of Service are not acceptable to You, your only recourse is to cease using the Fiskl Service.
2.2. Certain portions of the Fiskl Service may, or may in the future, have different terms and conditions posted on the Site or may require You to agree with and accept additional terms and conditions. Fiskl may, in its sole discretion, make premium or different applications, software or services available to You that are subject to different terms and conditions and different licenses than as set forth therein. If there is a conflict between these Terms of Service and terms and conditions posted for a specific portion of the Fiskl Service, the latter terms and conditions shall take precedence with respect to Your use of or access to that portion of the Fiskl Service.
2.3. It is Your obligation to ensure that You have read, understood and agree to the most recent terms available on the Site.
3. USE OF SOFTWARE
3.1. Fiskl grants You the right to access and use the Service via the Site or Mobile application with the particular user access available to You according to Your subscription type. This right is non-exclusive, non-transferable, and limited by and subject to this Agreement.
3.2. You shall be required to register with Fiskl and select a password before being allowed to access the Service.
3.3. In order to gain access to certain services, You may be required to give Fiskl information about Yourself. You agree that You will only provide us with information that is accurate, correct, and up to date.
3.4. You agree to use the Services only for purposes that are permitted both by the Terms and by any applicable law, regulation, or generally accepted practices or guidelines in relevant jurisdictions.
3.5. You agree to only access (or try to access) and use the Services through interfaces provided by Fiskl. You shall not access (or try to access) and use any of the Services through any automated means, including, but not limited to, scripts, robots, or web crawlers.
3.6. You shall not register for more than one user account. You shall not register for a user account on on behalf of a group, unless under a special business arrangement with Fiskl made prior to the registrations.
3.7. You agree not to use or attempt to use another user’s account.
3.8. You agree not to impersonate any person or entity, or falsely state or otherwise misrepresent Yourself, Your personal information, or Your affiliations with any person or entity.
3.9. You shall not upload, post, transmit, store, or otherwise make available content that contains software viruses or any other computer code, files, or programs that could interrupt, destroy or limit the functionality of the computer software or hardware or telecommunications equipment of Fiskl, its users or is affiliates.
3.10. You shall not upload post, transmit, store, or otherwise make available data or content that is pornographic or otherwise explicit in nature.
3.11. Fiskl reserves the right to remove any and all explicit content at its sole discretion.
3.12. You agree that You will not submit any content containing information or materials relating to Your or anyone else’s medical conditions or care and from which an individual can be identified. You further agree to indemnify, defend, and hold harmless Fiskl and its officers, directors, agents and, employees for any violation of any health insurance legislation.
3.13. You agree not to reproduce, copy, sell, trade, or resell all or any part of the Service for any purpose.
3.14. You agree that You are solely responsible for any breach of Your obligations under the Terms and for the consequences of any such breach.
3.15. Fiskl has no responsibility to You or to any third party for such breaches or the consequences of such breaches (including losses or damage that Fiskl may incur).
3.16. You agree to be responsible for keeping Your passwords associated with Your Fiskl account secret and secure. Fiskl may be able to help You retrieve lost passwords, but may not be held responsible or liable if it cannot help locate or reset a lost password.
3.17. You agree that You will be solely responsible for all activities that occur under Your account, whether You are aware of them or not.
3.18. If You become aware of any unauthorized use of Your password or account, You agree to notify Fiskl via e-mail to this address as soon as possible.
3.19. You must be at least 16 years old to be allowed to register and use the Service. If You are not at least 16 years old, You shall not attempt to register.
4. PROVISION OF SERVICE
4.1. Fiskl shall provide and perform any and all of the Services to You. Fiskl may change its Services or add new features in the future. Fiskl may sub-contract or assign the provision of any and all of the Services. By agreeing to the Terms, You acknowledge and agree that the form and nature of the Services may change without prior notice to You.
4.2. You acknowledge and agree that Fiskl may suspend or discontinue, without prior notice to You and at the sole discretion of Fiskl, some or all of its Services, making the Services unavailable to You or other users. If Fiskl deems it necessary to discontinue the services it provides due to the highly unlikely event of the Company’s closure, You will receive at least 7 days notice before Your account is closed. You are not required to inform Fiskl if You stop using the Services, and may stop using the Services at any time.
4.3. You acknowledge and agree that if Fiskl disables access to Your account, You may not be able to use the Services or access Your account details, files or other content that may be contained in Your account.
4.4. Fiskl has not set an upper limit or fair usage policy on how many transmissions You may send or receive through the Services or how large the transmissions may be, but You agree that Fiskl can set these limits at any time, at Fiskl’s sole discretion.
4.5. Fiskl may remove any Data, content or user accounts at any time and for any reason at the sole discretion of Fiskl.
4.6. You acknowledge and agree that Fiskl is not an accounting or financial service and, whilst we strive to attain extremely high levels of accuracy, we cannot guarantee the accuracy or correctness of the information extracted from Your documents. You agree that You will manually check the accuracy and correctness of the Data entered by Fiskl before using this Data.
6. YOUR OBLIGATIONS
Payment of Service Fees and Taxes
6.1. When You purchase a Service from Fiskl or any third party reseller and enter a form of payment, you agree that: (i) you will fulfill your obligation to pay for the Service by the date on which payment is due; (ii) any payment information you provide is true and accurate; (iii) you are authorized to use the payment method you provide; (iv) we have permission to retain the payment information and method, including all submitted debit and credit card information, submitted by you and your issuing bank or the applicable payment network; and (v) we are authorized to charge you for the Service using the established payment method and the information you provide that is stored in your account as of the applicable date for payment.
6.2. The Fiskl Service Fees are exclusive of VAT (and other indirect taxes). Invoices are issued monthly for each full month of subscription and are payable via credit card or direct debit every month. All subscriptions for Fiskl Services are entered into for indefinite duration and come into effect as from the date of the User(s) registration at the Site. The Service subscriptions that are paid monthly can be terminated upon 1 (one) month prior notice; price revisions can be applicable monthly. The Service subscriptions that are pre-paid for 12 (twelve) months can be terminated upon prior notice given at least 1 (one) month before the end of the pre-paid period; price revisions can be applicable upon expiry of the pre-paid period.
6.3. You agree to pay the charges for the Service in the currency specified by Fiskl and you assume all risks associated with any changing value in the currency compared with other currencies. The specified charge for the Service may include certain taxes and delivery or similar charges applicable to your purchase. If any tax or charge applicable to a purchase is not charged by us, you acknowledge that you are solely responsible for paying the tax or other charge.
6.4. Our Fees for Service do not include any of the third-party fees you incur in connection with using the Service including, without limitation, fees charged by your Internet access provider, any network operator charges for cellular or data services and any other third party applications or services with which you may use the Service; you are responsible for selecting and managing these other services, and paying the fees for such services.
Changes in Fees
6.5. We may change the price of the Services from time to time, and add new fees and charges for certain features or to reflect a change in business or legal rules, but we will send advance notice of changes in recurring subscription fees by email to the address in your account information. Any increase in charges for the Service would not apply until the expiration of your then current billing cycle, unless otherwise specifically provided in our notice to you, and would become effective no sooner than the next time you would be charged for that Service. If you do not agree to pay the new price or other applicable charges, you may elect not to renew theService subscription before the price change goes into effect, which cancellation would be effective at the expiration of your then current billing cycle. See “Cancellation” below for information on how you must cancel a Service subscription.
6.6. Fiskl accepts certain debit and credit cards and may accept other forms of cash payment (e.g., Paypal transfers) as payment methods (each, an “Accepted Payment Method”) for Services, subject to the procedures and rules contained in these Terms Of Service and any applicable contract with the Accepted Payment Method. Accepted Payment Methods may vary by country or by Service and may change from time to time. When you purchase with an Accepted Payment Method, the fees for your Service will be billed on the date of your purchase. If you purchase a subscription for a Service that renews automatically, such as monthly or annually, you agree that we may process your Accepted Payment Method on each monthly, annual or other renewal term (based on the applicable billing cycle). In addition, you agree that we have permission to retain and/or share with financial institutions and payment processing firms (including any institutions or firms we retain in the future) information regarding your purchase and your submitted payment information in order to process your purchase.
Paying by Invoice
6.7. Fiskl may, in our sole discretion, agree to permit you to pay us for Services pursuant to invoices issued by Fiskl. Unless otherwise expressly provided in our separate agreement with you, we will issue our invoice on or shortly after the date on which the Service is purchased (and on any monthly, annual or other renewal term as described under “Autorenewal,” above), and the charges are payable upon your receipt of the invoice. All payments of invoiced amounts must be made in the currency specified on the invoice by check, wire or other electronic transfer to a bank and account number designated by Fiskl. Any invoice that remains unpaid ten(10) days after the invoice date is considered delinquent. Any wire transfer fees or other similar fees incurred on account of the payment method selected by you are your responsibility and may not be deducted from the amount due Fiskl.
6.8. You may cancel your account at any time by sending an e-mail requesting account cancellation to this address.
6.9. You may cancel your Fiskl account at any time and your recurring billing schedule will be ended. There is no cancellation fee, but you are responsible for charges already incurred up until your cancellation, including the pre-payment of the current month of service you have. Fiskl is unable to issue refunds after payment is received. Fiskl is unable to prorate Fiskl, so charges must be paid in full.
6.10. Fiskl can add or withdraw free months of subscription to User’s Accounts at its full discretion, but is under no obligation whatsoever to provide the User(s) with equal treatment in this regard.
6.11. In case of non-payment of an invoice on the due date the interest of 1% (one percent) per month (calculated pro rata temporis) on the outstanding amounts will be owed ipso iure without any notification of payment default being required. Moreover, the due amount can be, ipso iure and without any notification of payment default being required, increased by a contractual indemnity and by any other possible collection costs such as recovery costs and legal fees. Non-payment, even partial, renders invoices not yet due, payable without any formality or notification. Without prejudice to the preceding and without any prejudice to the payment obligation of the User(s), each protest must be communicated within a period of 8 (eight) calendar days as of the invoice date by a motivated registered letter. After this period, the User(s) shall be deemed to have definitively accepted the invoiced amount. The Agreement may be terminated or suspended by Fiskl immediately upon notification if the User fails to pay its due invoices, including in the event of apparent insolvency, or if the User violates the terms of the Agreement section.
6.12. You must only use the Fiskl Service and Site for Your own lawful internal business purposes, in accordance with these Terms and any notice sent by Fiskl or conditions posted on the Site. You may use the Service and Site on behalf of others or in order to provide services to others but if You do so You must ensure that You are authorized to do so and that all persons for whom or to whom services are provided comply with and accept all terms of this Agreement that apply to You.
6.13. You must ensure that all usernames and passwords required to access the Service are kept secure and confidential. You must immediately notify Fiskl of any unauthorized use of Your passwords or any other breach of security and Fiskl will reset Your password and You must take all other actions that Fiskl reasonably deems necessary to maintain or enhance the security of Fiskl’s computing systems and networks and Your access to the Services.
6.14. You agree that Fiskl may send you notices via e-mail, regular mail, or alerts within the Services.
As a condition of these Terms, when accessing and using the Services, You must:
6.15. not attempt to undermine the security or integrity of Fiskl’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks;
6.16. not use, or misuse, the Services in any way which may impair the functionality of the Services or Site, or other systems used to deliver the Services or impair the ability of any other user to use the Services or Site;
6.17. not attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted;
6.18. not transmit, or input into the Mobile Applications or the Site, any: files that may damage any other person’s computing devices or software, content that may be offensive, or material or Data in violation of any law (including Data or other material protected by copyright or trade secrets which You do not have the right to use); and
6.19. not attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Site except as is strictly necessary to use either of them for normal operation.
6.20. By using the multi-currency functionality within the Services You confirm that You have read and accept the Getexchangerates.com terms and conditions for the use of the Getexchangerates.com Currency datafeed service.
7.1. You indemnify Fiskl against: all claims, costs, damage and loss arising from Your breach of any of these Terms or any obligation You may have to Fiskl, including (but not limited to) any costs relating to the recovery of any Service Fees that are due but have not been paid by You.
Unless the relevant party has the prior written consent of the other or unless required to do so by law:
8.1. Each party will preserve the confidentiality of all Confidential Information of the other obtained in connection with these Terms. Neither party will, without the prior written consent of the other, disclose or make any Confidential Information available to any person, or use the same for its own benefit, other than as contemplated by these Terms.
8.2. Each party’s obligations under this clause will survive termination of these Terms.
The provisions of clauses 8.1 and 8.2 shall not apply to any information which:
8.3. is or becomes public knowledge other than by a breach of this clause;
8.4. is received from a third party who lawfully acquired it and who is under no obligation restricting its disclosure;
8.5. is in the possession of the receiving party without restriction in relation to disclosure before the date of receipt from the disclosing party; or
8.6. is independently developed without access to the Confidential Information.
9. INTELLECTUAL PROPERTY
9.1. Title to, and all Intellectual Property Rights in the Services, the Mobile Applications, the Site and any documentation relating to the Services remain the property of Fiskl (or its licensors).
9.2. Fiskl shall own and retain all right, title, and interest in and to the Fiskl Service, Mobile Applications and Site (except for any licensed content and software components included therein). You agree not to reverse engineer, decompile, distribute, license, sell, transfer, disassemble, copy, alter, modify, or create derivative works of the Fiskl Service, Mobile Applications and Site or otherwise use the Fiskl Service in any way that violates the use restrictions contained in these Terms of Service. Fiskl does not grant to You, the User, any license, express or implied, to the intellectual property of Fiskl. You further acknowledge and agree that any information regarding the design, “look and feel”, specifications, components, functionality or operation and payment terms and pricing (if applicable) of the Fiskl Service is considered the confidential and proprietary information of Fiskl (collectively “Fiskl Confidential Information”).
License from Fiskl
9.3. When abiding by the Terms, Fiskl allows You to enjoy its Services at a monthly or annual cost (or free for certain Services during trial periods from time to time). This opportunity shall be referred to as the “License.” The personal, worldwide, royalty-free, non-exclusive License is for the sole purpose of allowing You to use and benefit from the Services.
9.4. You shall not assign Your rights (wholly or in part) to use the Service to another. You shall not agree to or allow another entity to have a security interest in or over Your rights to use the Service, or otherwise transfer or trade any part of Your rights to use the Service as detailed in the Terms.
Ownership of Data
9.5. Title to, and all Intellectual Property Rights in, the Data remain Your property. However, Your access to the Data is contingent on full payment of the Fiskl Access Fee when due. You grant Fiskl a licence to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of services to You.
Backup of Data
9.6. You must maintain copies of all Data inputted into the Service. Fiskl adheres to its best practice policies and procedures to prevent data loss, including a system data back-up regime, but does not make any guarantees that there will be no loss of Data. Fiskl expressly excludes liability for any loss of Data no matter how caused.
Third-party applications and Your Data
9.7. If You enable third-party applications for use in conjunction with the Services, You acknowledge that Fiskl may allow the providers of those third-party applications to access Your Data as required for the interoperation of such third-party applications with the Services. Fiskl shall not be responsible for any disclosure, modification or deletion of Your Data resulting from any such access by third-party application providers.
10. PROPRIETARY RIGHTS
10.1. You acknowledge and agree that Fiskl is the sole proprietor of all legal rights and titles to the Service, including, but not limited to, any intellectual property rights associated with the Service. This ownership applies whether or not those rights are registered andwherever in the world the rights may exist.
10.2. You acknowledge and agree that some or all of the Data may be classified as confidential by Fiskl and that You shall not disclose such information without expressed, written consent from Fiskl.
10.3. Fiskl acknowledges and agrees that it does not obtain rights, titles or interest from You on the Data that You submit, post, transmit, or otherwise make available. You agree that You are responsible for making sure Your rights regarding the Data are protected and enforced and that Fiskl has no responsibility to protect or enforce them on Your behalf.
10.4. You shall not use any of Fiskl’s trade names, trade marks, service marks, logos, domain names and other distinctive brand features that are not in accordance with Fiskl’s expressed, written consent.
10.5. You shall not duplicate, change, create a derivative work of, reverse engineer, decompile, or attempt to obtain the source code of Fiskl’s software (in whole or in part).
10.6. You shall not remove, obscure, or alter any proprietary rights notices that may be found attached to or as a part of some Data or content.
10.7. We welcome and encourage You to provide feedback, comments and suggestions for improvements to the Fiskl Service (“Feedback”). You acknowledge and agree that all Feedback will be the sole and exclusive property of Fiskl and You hereby irrevocably assign to Fiskl and agree to irrevocably assign to Fiskl all of Your right, title, and interest in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At Fiskl’s request and expense, You will execute documents and take such further acts as Fiskl may reasonably request to assist Fiskl to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.
10.8. When You submit any ideas, suggestions, documents and/or proposals relating to the Service (or other products or services) to Fiskl through the “Contact Us,” Support interfaces or through any other mechanism (collectively, “Contributions”), You acknowledge and agree that: (i) Your Contributions do not contain confidential or proprietary information; (ii) Fiskl is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (iii) Fiskl shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way; (iv) Fiskl may have something similar to the Contributions already under consideration or in development; (v) Your Contributions automatically become the property of Fiskl without any obligation of Fiskl to You; and (vi) You are not entitled to any accounting, compensation or reimbursement of any kind from Fiskl under any circumstances.
11. WARRANTIES AND ACKNOWLEDGEMENTS
11.1. You warrant that where You have registered to use the Service on behalf of another person, You have the authority to agree to these Terms on behalf of that person and agree that by registering to use the Service You bind the person on whose behalf You act to the performance of any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.
You acknowledge that
11.2. You are authorized to use the Services and the Site and to access the information and Data that You input into the Mobile Application and the Site, including any information or Data input into the Site by any person You have authorized to use the Service. You are also authorized to access the processed information and Data that is made available to You through Your use of the Site and the Services (whether that information and Data is Your own or that of anyone else).
11.3. Fiskl has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Site on behalf of or for the benefit of anyone other than Yourself (whether a body corporate or otherwise) You agree that:
11.4. You are responsible for ensuring that You have the right to do so;
11.5. You are responsible for authorizing any person who is given access to information or Data, and You agree that Fiskl has no obligation to provide any person access to such information or Data without Your authorization and may refer any requests for information to You to address; and
11.6. You will indemnify Fiskl against any claims or loss relating to:
11.7. Fiskl’s refusal to provide any person access to Your information or Data in accordance with these Terms,
11.8. Fiskl’s making available information or Data to any person with Your authorisation.
11.9. Fiskl does not warrant that the use of the Service will be uninterrupted or error free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Fiskl is not in any way responsible for any such interference or prevention of Your access or use of the Services.
11.10. Fiskl is not an accountancy service and use of the Services does not constitute the receipt of accounting advice. If You have any accounting questions, please seek advice from an accountant.
11.11. It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used.
11.12. You remain solely responsible for complying with all applicable accounting, tax and other laws. It is Your responsibility to check that storage of and access to Your Data via the Software and the Site will comply with laws applicable to You (including any laws requiring You to retain records).
11.13. Fiskl does not guarantee that the Service will meet Your requirements or expectations, that Your use of the service will be uninterrupted, timely, secure, or free from errors, that information obtained from the Service will be accurate or reliable or that defects in the software of the Service can or will be corrected.To avoid doubt, all implied conditions or warranties are excluded in so far as is permitted by law, including (without limitation) warranties of merchantability, fitness for purpose, title and non-infringement.
11.14. You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Site or these Terms.
12. SERVICE LIMITATIONS
12.1. You acknowledge, agree and understand that You use the Service (including downloading Content) at Your own risk and that the Service is provided by Fiskl “as is” and “as available” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.
12.2. Any material downloaded or otherwise obtained when using the Service is obtained at Your own risk. You will be solely responsible for any damage to Your computer system or other device used to access the Service that happens as a result of the obtainment of any such content.
12.3. Fiskl Services, Mobile Applications and the Site includes computer software supplied by third-parties, including (but not limited to) those set forth on the Fiskl Site (the “Third-Party Software”). Fiskl is providing the Third-Party Software to you by permission of the respective licensors and/or copyright holders on the terms provided by such parties, including those terms required to be provided to you that are set forth below, and subject also to the Agreement applicable to the Fiskl. Without limiting the terms in the Fiskl Agreement, Fiskl expressly disclaims any warranty or other assurance to you regarding the Third-Party Software.
12.4. Information and advice received from Fiskl, its users, or its content, whether oral or written, shall not constitute any warranty not expressed in the Terms.
13. ACCESSING AND DOWNLOADING THE APPLICATION FROM THIRD PARTY STORES
The following applies to any Application accessed through or downloaded from the Third Party Store App Store, the Google Play Store or other store (“Third Party Store Sourced Application”):
13.1. You acknowledge and agree that (i) these Terms of Service are concluded between You and Fiskl only, and not the Third Party Store, and (ii) Fiskl, not the Third Party Store, is solely responsible for the Third Party Store Sourced Application and content thereof. Your use of the Third Party Store Sourced Application must comply with the Third Party Store Terms of Service.
13.2. You acknowledge that Third Party Stores have no obligation whatsoever to furnish any maintenance and support services with respect to the Third Party Store Sourced Application.
13.3. In the event of any failure of the Third Party Store Sourced PAID Application to conform to any applicable warranty, You may notify the Third Party Store, and the Third Party Store will refund the purchase price for the App Store Sourced Application to You and to the maximum extent permitted by applicable law, the Third Party Store will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Fiskl and the Third Party Store, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Fiskl.
13.4. You and Fiskl acknowledge that, as between Fiskl and the Third Party Store, the Third Party Store is not responsible for addressing any claims You have or any claims of any third party relating to the App Store Sourced Application or Your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
13.5. You and Fiskl acknowledge that, in the event of any third party claim that the App Store Sourced Application or Your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Fiskl and Third Party Store, Fiskl, not the Third Party Store, will be solely responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim to the extent required by these Terms of Service.
13.6. You and Fiskl acknowledge and agree that the Third Party Store, and Third Party Store and its subsidiaries, are third party beneficiaries of these Terms of Service as related to Your license of the Third Party Store Sourced Application, and that, upon Your acceptance of the terms and conditions of these Terms of Service, the Third Party Storewill have the right (and will be deemed to have accepted the right) to enforce these Terms as related to Your license of the Third Party Store Sourced Application against You as a third party beneficiary thereof.
13.7. Without limiting any other terms of these Terms of Service, You must comply with all applicable third party terms of agreement when using the Third Party Store Sourced Application.
14. LIMITATION OF LIABILITY
14.1. To the maximum extent permitted by law, Fiskl excludes all liability and responsibility to You (or any other person) in contract, tort (including negligence), or otherwise, for any loss (including loss of information, Data, profits and savings) or damage resulting, directly or indirectly, from any use of, or reliance on, the Service or Site.
14.2. If You suffer loss or damage as a result of Fiskl’s negligence or failure to comply with these Terms, any claim by You against Fiskl arising from Fiskl’s negligence or failure will be limited in respect of any one incident, or series of connected incidents, to the Service Fees paid by You in the previous 12 months.
14.3. If You are not satisfied with the Service, Your sole and exclusive remedy is to terminate these Terms in accordance with Clause 15.
15.1. When You first sign up for access to the Services You can evaluate the Services under the defined trial usage conditions, with no obligation to continue to use the Services. If You choose to continue using the Services thereafter, You will be billed from the day You first added Your billing details into the Services. If You choose not to continue using the Services and You want Fiskl to not retain your Data in case you may re-activate your account, Youmay contact us to delete your account Data at this address.
15.2. These Terms will continue for the period covered by the Service Fee paid or payable under clause 3.1. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Service Fee when due, unless either party terminates these Terms by giving notice to the other party at least 30 days before the end of the relevant payment period.
15.3. breach any of these Terms (including, without limitation, by non-payment of any Service Fees) and do not remedy the breach within 14 days after receiving notice of the breach if the breach is capable of being remedied;
15.4. breach any of these Terms and the breach is not capable of being remedied (which includes (without limitation) any breach of clause 6 or any payment of Service Fees that are more than 10 days overdue); or
15.5. You or Your business become insolvent or Your business goes into liquidation or has a receiver or manager appointed of any of its assets or if You become insolvent, or make any arrangement with Your creditors, or become subject to any similar insolvency event in any jurisdiction.
Fiskl may take any or all of the following actions, at its sole discretion
15.6. Terminate this Agreement and Your use of the Services, Mobile Applications and the Site;
15.7. Suspend for any definite or indefinite period of time, Your use of the Services, Mobile Applications and the Site;
15.8. Suspend or terminate access to all or any Data.
15.9. Take either of the actions in sub-clauses (7), (8) and (8) of this clause 15 in respect of any or all other persons whom You have authorized to have access to Your information or Data.
15.10. For the avoidance of doubt, if payment of any invoice for Service Fees due is not made in full by the relevant due date, Fiskl may: suspend or terminate Your use of the Service, Mobile Applications and Site, or Your rights of access to all or any Data.
15.11. Termination of these Terms is without prejudice to any rights and obligations of the parties accrued up to and including the date of termination. On termination of this Agreement You will:
15.12. remain liable for any accrued charges and amounts which become due for payment before or after termination; and
15.13. immediately cease to use the Services and the Site.
Expiry or termination
15.14. The following clauses:Payment of Service Fees and Taxes, Privacy, Confidentiality, Intellectual property, Warranties & Acknowledgements, Limitation of Liability, Termination and Generalsurvive the expiry or termination of these Terms.
16. HELP DESK
16.1. In the case of technical problems You must make all reasonable efforts to investigate and diagnose problems before contacting Fiskl. If You still need technical help, please check the support provided online by Fiskl on the Site or failing that email us at this address.
16.2. Whilst Fiskl intends that the Services should be available 24 hours a day, seven days a week, it is possible that on occasions the Services, Mobile Applications or Site may be unavailable to permit maintenance or other development activity to take place.
16.3. If for any reason Fiskl has to interrupt the Services for longer periods than Fiskl would normally expect, Fiskl will use reasonable endeavors to publish in advance details of such activity on the Site.
17. GENERAL PROHIBITIONS
You agree not to do any of the following
17.1. Post, upload, publish, submit or transmit any Data or content that: (i) infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any person or entity; or (vii) promotes illegal or harmful activities or substances.
17.2. Use, display, mirror or frame the Fiskl Service, or any individual element within the Fiskl Service, Fiskl’s name, any Fiskl trademark, logo or other proprietary information, or the laYout and design of any page or form contained on a page, without Fiskl’s express written consent;
17.3. Access, tamper with, or use non-public areas of the Fiskl Service, Fiskl’s computer systems, or the technical delivery systems of Fiskl’s providers;
17.4. Attempt to probe, scan, or test the vulnerability of any Fiskl system or network or breach any security or authentication measures;
17.5. Defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as of privacy and publicity) of any other use of the Fiskl Service or staff member of Fiskl.
17.6. Avoid, bypass, remove, deactivate, impair, descramble or otherwise circumvent any technological measure implemented by Fiskl or any of Fiskl’s providers or any other third party (including another user) to protect the Fiskl Service or Site Data and content;
17.7. Attempt to access or search the Fiskl Service or Site Data or download Site Data from the Fiskl Service through the use of any engine, software, tool, agent, device or mechanism (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by Fiskl or other generally available third party web browsers;
17.8. Send any unsolicited or unauthorized advertising, promotional materials, email, junk mail or junk messages, spam, chain letters or other form of solicitation (including sending invitations to use the Fiskl Service to the mobile numbers of people You do not know);
17.9. Use or disclose any Fiskl Confidential Information, except as otherwise explicitly set forth herein.
17.10. Use any meta tags or other hidden text or metadata utilizing a Fiskl trademark, logo URL or product name without Fiskl’s express written consent;
17.11. Use the Fiskl Service or Site Data or content for any commercial purpose or the benefit of any third party or in any manner not permitted by these Terms of Service;
17.12. Forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Fiskl Service or Site Data to send altered, deceptive or false source-identifying information;
17.13. Attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Fiskl Service or Site Data;
17.14. Interfere with, or attempt to interfere with, the access of any user, host or network, including, without limitation, sending a virus, overloading, flooding, spamming, or mail-bombing the Fiskl Service;
17.15. Collect or store any personally identifiable information from the Fiskl Service from other users of the Fiskl Service without their express written permission;
17.16. Impersonate or misrepresent Your affiliation with any person or entity;
17.17. Violate any applicable law or regulation; or
17.18. Encourage or enable any other individual or entity to do any of the foregoing.
17.19. Fiskl will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. Fiskl may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms of Service. You acknowledge that Fiskl has no obligation to monitor Your access to or use of the Fiskl Service, or to review or edit any User Data, but has the right to do so for the purpose of operating the Fiskl Service, to ensure Your compliance with these Terms of Service, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body.
18. DIGITAL MILLENNIUM COPYRIGHT ACT NOTICE
18.1. If You believe that Your copyrighted work has been copied in a way that constitutes copyright infringement and is accessible through the Fiskl Service, please notify Fiskl at this address, as set forth in the Digital Millennium Copyright Act of 1998 (DMCA). For Your complaint to be valid under the DMCA, You must provide the following information in writing:
18.2. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
18.3. Identification of the copyrighted work that You claim is being infringed;
18.4. Identification of the material that is claimed to be infringing and where it is located on the Services;
18.5. Information reasonably sufficient to permit Fiskl to contact You, such as Your address, telephone number, and email address;
18.6. A statement that You have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
18.7. A statement, made under penalty of perjury, that the above information is accurate, and that You are the copyright owner or are authorized to act on behalf of the owner.
19.2. Waiver: If either party waives any breach of these Terms, this will not constitute a waiver of any other breach. No waiver will be effective unless made in writing.
19.3. Delays: Neither party will be liable for any delay or failure in performance of its obligations under these Terms if the delay or failure is due to any cause outside its reasonable control. This clause does not apply to any obligation to pay money.
19.4. No Assignment: You may not assign or transfer any rights to any other person without Fiskl’s prior written consent.
19.5. In all situations this Agreement is governed by the laws of England and Wales and You hereby submit to the exclusive jurisdiction of the courts of England and Wales for all disputes arising out of or in connection with this Agreement.
19.6. If any part or provision of these Terms is invalid, unenforceable or in conflict with the law, that part or provision is replaced with a provision which, as far as possible, accomplishes the original purpose of that part or provision. The remainder of this Agreement will be binding on the parties.
19.7. Any notice given under these Terms by either party to the other must be in writing by email and will be deemed to have been given on transmission. Notices to Fiskl must be sent to this address or to any other email address notified by email to You by Fiskl. Notices to You will be sent to the email address which You provided when setting up Your access to the Service.
19.8. You agree to use all reasonable endeavours to resolve any dispute in relation to the Services, including speaking to us and trying to resolve the matter, our contact details are on the Fiskl Site, before issuing any legal proceedings.
Rights of Third Parties
19.9. A person who is not a party to these Terms has no right to benefit under or to enforce any term of these Terms.
Last updated: 23.01.2018