Welcome, these are the Terms and Conditions of Service (hereinafter, the “Terms”) for our platform known as Fwego, its associated social media profiles and platform providers, its mobile application software, along with the website available at www.fwego.io and its mobile optimized versions (the “Site”).
This is a legal engagement which sets out the terms and conditions by which Pact App, Inc. DBA Fwego (hereinafter referred to as “Fwego”) will provide services to you or to the legal entity you represent ‘you’, ‘your’, and/or ‘yourself’.
By accessing our Site and using our Services, you are agreeing to be bound by these Terms, which constitute a legally binding user agreement, along with any and all applicable laws and regulations.
By using our Site, you represent and warrant that you: (a) are of legal age or legal capacity in your jurisdiction; (b) agree to all of the terms and conditions stated herein; (c) have the right, power, and authority to bind your represented entity or the agency to these terms and conditions.
You hereby acknowledge and covenant to abide by and comply with any applicable federal, state and local rules and regulations applicable to your use of our services. If you do not agree with any of these Terms, you are thereby prohibited from using or accessing this Site.
The Site’s accessibility to the user is solely provided for the user’s individual benefit. If you are using our Site in representation of a corporate third party, you hereby represent and warrant that you have the necessary power and authority in order to execute this agreement.
Fwego’s services include a mobile platform where users can:
There will also be a fee that we collect only from those Friends who bail on their Pacts before we redistribute the funds to the other Pact members.
We also provide other online services, as indicated on our Site from time to time (collectively, the “Services”).
Neither Fwego nor its affiliates, licensors, owners, subsidiaries, brands or advertisers are a professional advisor in any industry. The functionalities and results displayed within the Site and/or the Services may or will vary, without prior notice or without any notice at all; and will depend on a variety of factors out of the control of not. Your use of any information and/or materials on this Site is entirely at your own risk, for which we shall not be held liable.
Fwego is not a money services business and/or issuer of currency, nor does it create any kind of units of convertible virtual currency or stable, fiat currency pegged cryptocurrencies. For the avoidance of doubt, Fwego does not offer any service that entails the actual exploitation of legal tender currency.
These Terms, along with any and all content and services offered by Fwego, are only informational documents provided for your reference and reference purposes only, and cannot be construed as any form of guarantee that any mentioned results will be achieved. Your use of any information and/or materials of Fwego is entirely at your own risk, for which we shall not be held liable. Because there is no way to know all information about your finances or your personal situation, comments or analyses may be incomplete or inaccurate.
In addition to the risks mentioned in this agreement and in any documentation, there may be additional risks that Fwego cannot predict.
For the avoidance of doubt, each user of Fwego, though such action, is not a client of any financial, investing or SEC registered investment adviser, brokerage related products, cash account, Forex, CFDs, binary options and/or crypto platform exchange.
You must provide accurate and complete information when opening your account with us, including all mandatory fields on the registration form, and you hereby agree to keep the password chosen upon creating your account as confidential and not to communicate it to third parties. Users can sign up / sign in via: Facebook, Google, Apple and email.
If you lose or disclose your account credentials, you must promptly inform us, since you are solely responsible for the activity that occurs on your account and for keeping your password secure and confidential. Please notify us immediately of any breach or unauthorized use of your account.
Fwego encourages you to report violations of our guidelines and Terms. We reserve the right, at our sole and final discretion, to deactivate, freeze, suspend or terminate any account upon any factual or alleged breach of these Terms. You must notify us immediately of any change in your eligibility to use our platform, or if you suspect a breach of security or unauthorized use of your account.
Users undertaking conducts that may constitute a factual –or even alleged– breach of these Terms, including but not limiting, using automated mechanisms to make fraudulent communications, may become subject to immediate account suspension/termination, at our sole and final discretion, without notice and without responsibility.
You acknowledge and agree that we may report any activity that we believe may violate any law-to-law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to Fwego or our Services.
You may terminate your account at any time by going to the “delete account” button located inside the “Edit Profile” section which can be accessed through your account menu. We may terminate or suspend your user account if you go against any of Fwego’s policies or for any other reason(s), which we will notify you about.
Fwego does not knowingly provide its Services to persons: (i) under the age of thirteen (13); (ii) that have had their account previously disabled for violations of our Terms or Policy; (iii) that are otherwise prohibited from receiving our products, Services, or software under applicable laws.
If you are under the age of eighteen, you may access Fwego and our Services only under the direct, express and unequivocal supervision of your parent or legal guardian. Any payments for persons under the age of eighteen (18) will need to be authorized and cleared by your parent or guardian no exceptions. Parent and guardians must review these Terms with their minors so that both understand all of your rights and responsibilities.
Guests are prohibited from providing Fwego with personally identifiable information of persons under the age of thirteen (13) without the consent of their parents or legal guardians. Fwego does not knowingly collect any kind of information from any person under the age of thirteen (13).
In compliance with the Children's Online Privacy Protection Act of 1998, 15 U.S.C. 6501–6505 ("COPPA"), if we learn or have reason to suspect that any user or that any client, project or customer data appertains persons under the age of thirteen (13), we will freeze and/or delete any PI under that user’s account, without prior notice and without responsibility.
We reserve the right to request any and all applicable proof of identification and consent proof from our users, at any moment, without prior notice, and at our sole and final discretion. Upon the failure to provide such proof of age, we reserve the right to immediately freeze, block or cancel the account, with no liability.
If you have any questions or complaints regarding the Site or our Services, please contact us by email as indicated on our contact web page. We will undertake commercially reasonable efforts in order to answer as quickly as possible. You must provide us with full details of your service query so that we can clearly assess your concerns.
Please keep in mind that you need specific computer equipment, Internet connection, on-site power and network infrastructure in order to connect to, use and access our Services, for which we are not responsible.
We rely on authorized third-party payment processors in order to bill and charge all users through a linked payment account, such as debt, credit cards and third party platforms, and henceforth you hereby authorize us to charge the pertinent fees through your indicated payment processing account. Sensitive financial details are stored only by our payment providers.
Fwego shall not be held responsible for any and all errors, fees and currency conversion fees by our payment processors, and you should review its terms and policies from time to time, which will govern the provision of Services to our users.
You hereby appoint Fwego as your payment agent when you provide a payment credential to us, and therefore you acknowledge and agree that we will be permitted to use, collect and process that payment credential in order to process payments, charges and fees of Fwego. We may also use certain payment card updater services, whose availability varies by issuer, to ensure we have the most up-to-date information about the payment credentials that we store.
For payments by credit or debit card, we will have the right to obtain a pre-approval from the issuer of the card for an amount which may be a low verification amount or as high as the full price of the payment. In such case, your card will be charged when you initiate a payment on Fwego, and if you cancel a transaction before it can be completed, the security pre-approval may cause those charges to be available to you on your account’s limit.
All users must provide us with valid and current billing information. Except as expressly set forth herein, all payment charges are final and non-cancelable. If your transaction results in an overdraft or other fee from your bank, or if we detect any chargeback or if any payment is not received by us or our payment processors for any reason, you will promptly pay us any and all amounts due to us upon notice. Any failure or inability by us to process any payment hereunder does not relieve you from your payment obligations.
A chargeback is typically caused when a customer disputes a charge that appears on their bank or payment processing statement. A charge-back may result in the reversal of a transaction, with the amount charged back to you. You can be assessed chargebacks for: (i) customer disputes; (ii) unauthorized or improperly authorized transactions; (iii) transactions that do not comply with payment processor network rules or are allegedly unlawful or suspicious; or (iv) any reversals for any reason by our payment processor or the institutions handling the transaction.
When a chargeback is issued, you are immediately liable to Fwego for the full amount of payment of the chargeback, plus any associated fees, fines, expenses or penalties (including those assessed by our payment processor or the financial institutions handling the transaction). Accordingly, you hereby represent and warrant that you expressly appoint Fwego as your agent, with full power to recover these amounts by debiting your account or setting off any amounts owed to you by us.
If we are unable to recover funds related to a charge-back for which you are liable, you will pay us the full amount of the chargeback immediately upon demand; thus you agree to pay all costs and expenses, including without limitation, costs assessed by our payment processor, legal fees and other legal expenses, incurred by or on behalf of us in connection with the collection of any unpaid charge-backs unpaid by you.
If you have a problem with your payment, please contact us as soon as possible. Please include a description of the Service’s functionality in question, including the reason for your technical query, your name, address, account info and payment details. Our refund policies apply only to our Services, and not to the actual monetary commitment of each Player under a Pact. If you would need to resign from a Pact and request a refund of your commitment, please contact the Pact’s members.
These Terms may not provide for usage rules for Fwego that are less restrictive than the usage rules set forth for licensed applications that otherwise are in conflict with the App Stores’ terms of service or that otherwise are in conflict with their respective of use, the more restrictive term shall govern.
We, and not any such third-party app store provider, shall be solely responsible for Fwego and any and all content thereof, including the Services, any content therein and the Fwego content.
As our end user, you hereby represent and warrant that you will comply with any and all applicable third-party terms of agreement when using Fwego (e.g. wireless data carrier terms, Wi-Fi’s hotspot terms).
In the event of any failure of Fwego to conform to any applicable warranty, you may notify Apple or Google, and they may refund you the purchase price for the Fwego app only (if any); and, to the maximum extent permitted by applicable law, neither Apple nor Google will have other warranty obligation whatsoever with respect to Fwego, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Fwego’s responsibility.
Fwego is solely responsible for providing any maintenance and support services with respect to the mobile app, and neither Apple nor Google have any obligation to furnish any maintenance and support services thereof.
We, and not Apple or Google, are the one responsible for addressing any claims of the end user or any third party relating to Fwego or the end user’s possession and/or use of Fwego, including, but not limited to: (i) product liability claims; (ii) any claim that Fwego fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with the Services or the Fwego platform.
These Terms may not limit Fwego´s liability to the end user beyond what is permitted by applicable law. In the event of any third-party claim that Fwego or the end user’s possession and use of Fwego infringes that any third party’s intellectual property rights, we and/or the end user, and not Apple or Google, will be responsible for the investigation, defense, settlement and discharge of any such intellectual property infringement claim.
You hereby acknowledge and agree that Apple and Google (and their affiliates) are third party beneficiaries of these Terms, and that, upon your acceptance of the terms and conditions of these Terms, Apple and Google will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as third party beneficiaries thereof.
If any of the terms and conditions in these Terms are inconsistent or in conflict with Apple's applicable instructions for Minimum Terms for Developer's End Guest License Agreement, located at http://www.apple.com/legal/internet-services/itunes/appstore/dev/minterms/ or the App Store Terms and Conditions, located at http://www.apple.com/legal/internet-services/itunes/ca/terms.html, the terms and conditions of the Apple EULA Terms or Apple App Store Terms, as applicable, will apply and prevail to the extent of such inconsistency or conflict.
If any of the terms and conditions in these Terms are inconsistent or in conflict with Google's Google Play Developer Distribution Agreement located at https://play.google.com/about/developer-distribution-agreement.html , the terms and conditions of Google EULA Terms will apply and prevail to the extent of such inconsistency or conflict.
If in the future we may allow any user to make purchases through the Fwego app, where you will be prompted to enter details for your account with your selected app store account, which will be charged for the in-app purchase in accordance with the terms disclosed to you at the time of purchase as well as the general terms for in app purchases that apply to your app store account. Some App Stores may charge you sales tax, depending on where you live.
Please take note that deleting your account or deleting our Fwego app from your device may not cancel your ongoing subscription; and in such case, we will retain all funds charged to your app store account until you cancel your subscription.
If you purchase an auto-recurring periodic subscription through an in-app purchase, your app store account will be billed continuously for the subscription until you cancel. After your initial subscription commitment period, and again after any subsequent subscription period, your subscription will automatically continue for an additional equivalent period, at the price you agreed to when subscribing.
If you do not wish your subscription to renew automatically, or if you want to change or terminate your subscription, you will need to log in to your app store account and follow instructions to cancel your subscription, even if you have otherwise deleted your account with us or if you have deleted our mobile application from your device. Your subscription is set to automatically renew at the end of your chosen subscription period. You are able to cancel the renewal of your subscription at any time. Cancelling your subscription renewal means that the recurring payments will end, but you will still have access to the Fwego plans for the remaining time of your current subscription period.
We do not provide refunds for partial subscription periods or for accidental purchases.
Types of subscriptions:
The subscription payment will be billed on a monthly or yearly basis on the calendar day corresponding with the date of commencement of your paid subscription. If a payment is not successfully settled we may suspend your access to the app or its content until we receive valid payment.
As our user, you agree not to undertake, motivate, or facilitate the use or access of the Site or the Services in order to:
Fwego encourages users to report violations of our Terms. Each user is solely responsible for their activities and any content posted, transmitted or otherwise made available via our Services.
Our Services incorporate interactive public discussion forums, chat groups, bulletin boards, review services or other types of forums in which you or other users may post user generated content (e.g. reviews, messages, videos, selfies, posts and other content). We reserve the right (but not the obligation) to monitor disputes between you and other of our users, but not with suppliers.
The Internet is not an anonymous means of communications, thus we cannot guarantee the confidentiality of any content that you provide to us via the Services. Each piece of content that you post is intended for public review, and except for content expressly marked as private, most user generated content that you share with us will result in such content being made publicly available for users in our Site and other third party websites, including search engines and social media sites. Please remember that not all content can be marked as private.
Particularly for streaming events, there will be a list of attendees displayed in our member events. This is important so that our users may know if other people are registered for the events which are between members. There may be the case where few or no other members elected to enter the channel, thus our users are always free to enter and leave any stream.
Fwego hereby disclaims any and all responsibility for what happens in any public group meetings. Since we use third party platforms open to the public, there may be no content moderation by Fwego or the platform or other users. Fwego expects that its users will behave with courtesy and common sense, but notwithstanding, if something offensive, uncomfortable or otherwise objectionable happens, any member can leave the chat or video call immediately and report the problem to Fwego.
Fwego has the right, but not the obligation, to monitor any user activity and ‘user generated content’ (e.g. names, photos, posts, feedback, images, comments, questions and other content) within the Site in order to determine compliance thereof, and to edit, refuse to post or remove any material or content submitted to or posted on our Services that we find to be in violation of our Terms, Policy or that is otherwise objectionable.
You acknowledge and agree that we may report any activity that we believe may violate any law to law enforcement, regulators or other relevant third parties, and that any violation of the aforementioned provisions may result in the immediate termination of your access to the Fwego and our Services.
We reserve the right to screen any user generated content to locate and delete any spam or deceiving coupon, code, offer or link to any product or service. In compliance with the Controlling the Assault of Non-Solicited Pornography and Marketing (CAN-SPAM) Act of 2003, we will not tolerate, and we will not allow others to undertake though our Services or Fwego, any and all massive delivery of unsolicited bulk communications to our users or to any third party.
Any commercial electronic communication that you receive from us, our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletter, you may receive information according to your user preferences. As our user, you will receive a conspicuous communication indicating your subscription thereof, and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our electronic communications, and also in your account preferences.
Any commercial electronic communication that you receive from us our partners, licensors, suppliers and affiliates will require your prior consent to such communication. Our commercial communications will include measures in order for you to stop receiving them, usually through an unsubscribe link. Please see our Policy for more information.
We may support the Fwego and our Services through advertising and other commercial opportunities. These advertisements may be tailored to the content of the Fwego, and the nature and extent of such advertising by us is subject to change without prior notice. Please refer to our Policy for information regarding certain advertisement opt-out.
Limited License. Fwego grants you a limited, non-exclusive, revocable, royalty free and non-transferable license to utilize and access the Services. You are prohibited from duplicating, re-engineering, reverse engineering, modifying or otherwise using the Services, in whole or in part. Fwego does not grant any express or implied right to you under any patents, trademarks, copyrights or trade secret information; and you shall have no right, either directly or indirectly, to own, use, loan, sell, rent, lease, license, sublicense, assign, copy, translate, modify, adapt, improve or create any new or derivative works from, or display, distribute, perform or in any way exploit any downloaded Services and computer applications, in whole or in part.
You hereby grant Fwego an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any content you may upload, disseminate, deliver, create or transfer any post, original audio file, message, chat, files uploaded, data inputted, image, graphic or files (the “User Generated Content”); or otherwise any content delivered to Fwego via the Site or the Services. You represent and warrant to Fwego that you have all rights, authorizations or otherwise hold sufficient title for any and all content submitted to Fwego as set forth herein.
The aforesaid license includes the right to use, host, store, reproduce, technically modify, adapt, adjust, communicate, publish, publicly perform, publicly display and distribute any such User Generated Content by Fwego.
You hereby grant Fwego an unlimited, non-exclusive, sub-licensable, assignable, royalty-free, perpetual, irrevocable, for all the countries and territories through the world, right and license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes), communicate, publish, publicly perform, publicly display and distribute such any suggestions, feedback, recommendations, comments and know how that you provide to Fwego regarding the Site and Services.
The trademarks, copyright, service marks, trade names and other intellectual property rights and proprietary notices displayed on Fwego and the Services are the property of or otherwise are licensed to Fwego and its licensors and affiliates, whether acknowledged (or not), and which are protected under intellectual property laws, including copyright laws and treaties and other jurisdictions throughout the world.
Respective title holders may or may not be affiliated with us or our affiliates, partners and advertisers. No section hereof shall be construed as intent to grant to you any right transfer or interest in the Fwego or our Services, in whole or in part.
For ease of understanding, ‘intellectual property rights’ shall mean any and all patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademark, trade dress and service mark rights, goodwill, trade secret rights and other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of the United States and other applicable jurisdictions.
You acknowledge and agree that any and all infringing use or exploitation of copyrighted content in Fwego and/or the Services may cause us, our affiliates, licensors or content providers irreparable injury, which may not be remedied solely at law, and therefore our affiliates, licensors or content providers may seek remedy for breach of these Terms, either in equity or through injunctive or other equitable relief.
If you think content on Fwego infringes these Terms or otherwise infringes any applicable law (apart from copyright infringements) or other Fwego policies, please contact us.
We are under no obligation to remove or delete content that you may find objectionable or offensive. We promise to respond promptly to requests for content removal, consistent with our policies and applicable law.
From time to time, Fwego and the Services may contain hyperlinks to other websites. These links are for the personal convenience of our users and to provide them with further information which may be of interest to them. The provision of such links does not imply any endorsement of such third-party websites (or their products and services). Please review the applicable terms and policies of such websites, including their privacy and data collection practices.
We may place ads and promotions from third-party sources on Fwego. Accordingly, your participation or undertakings in promotions of third-parties other than Fwego, and any terms, conditions, warranties or representations associated with such undertakings, are solely between you and such third-party. We are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Fwego.
We shall not be held responsible for any content that appears on any of the vendor stores on Fwego. You agree to protect and defend us against all claims that are arising from content on Fwego. No link(s) should appear on any website that may be interpreted as libelous, obscene, or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of any third-party rights.
If you find any link on Fwego that is offensive for any reason, you are free to contact and inform us at any time. We will consider requests to remove links, but we are not obligated to do so or to respond to you directly.
You acknowledge and agree that we shall not be required to actively monitor nor exercise any editorial control whatsoever over any piece, item, message or material or information created, obtained or accessible through the Services or Fwego. Each visitor or user is solely responsible for the contents of his or her communications and may be held legally liable or accountable for the content of his or her comments or other material or information.
In compliance with the DMCA, we inform you that Pact App, Inc. is the Designated Copyright Agent for DMCA Takedown Notices and intellectual property rights infringement policing. For more information, including detailed information about how to submit a request for takedown if you believe content on Fwego infringes your intellectual property rights, please contact us. You can review the current DMCA text at the U.S. Copyright Office website.
Fwego takes copyright infringement matters seriously, and is ready to remove any allegedly or factually infringing content displayed on the Fwego upon due notice and request by the title holder.
The following procedure will apply for any content displayed through the Fwego that allegedly infringes the intellectual property rights of you or of any third party. You must notify us of your claim with the email subject: "Takedown Request". Once received, Fwego will study and consider your claim and, if it believes or has reason to believe any content on the Fwego infringes on another’s copyright, Fwego may delete it, disable or otherwise stop displaying it.
Your notification claim must be in writing and must at least contain the following information: (i) your signature and identification, or the ones of the person authorized to act on behalf of you or the title holder; (ii) a clear and concise description of the content of which its copyright has allegedly been infringed; (iii) contact information (e.g., address and email); and (iv) a statement, under penalty of perjury, indicating that you have a good faith belief that the information provided in your claim is true and accurate.
Our affiliates, advertisers, partners and third party syndicated content providers may be adversely affected due to a DMCA Takedown Notice. Accordingly, upon receipt of any such notice, we will try to contact the content owner or webmaster of the affected site to uphold their right to a Counter Claim Notice, under Sections 512(g)(2), and (3) of the DMCA.
To file a Counter Claim Notice, please contact our Designated Agent indicated above, in writing, and with a Counter Claim Notice containing the following information, at a minimum: (i) express identification of the content that we may have or have removed from our Fwego and section or domain it was displayed; (ii) contact information, such as your address and your email address; (iii) a signature and identification of the title holder and/or the person authorized to act; and (iv) a statement indicating that you swear, under penalty of perjury, that you have a good faith belief that the information provided in the Counter Claim Notice is true and accurate.
Fwego shall make all commercially reasonable efforts to ensure that any interface or integration from a third party provider or system as part of the Services operates correctly. Notwithstanding, you acknowledge that the successful operation of any interface or integration is dependent upon the technical set up of said third party systems, such as the Solana blockchain and other infrastructure and cloud computing providers.
Accordingly, you agree that: (i) Fwego cannot be held liable for any failures in the operation of the interface or integration resulting from acts or omissions by you or the third party; (ii) Fwego shall have no liability or obligation whatsoever to you in relation to the content on or use of, or correspondence with any third party website or service made available via the Services.
If an issue arises with regard to the effective operation of an interface or integration to a third party provider or system, Fwego will use its commercially reasonable efforts to resolve the issue.
The images, texts, posts, information, photographs and other content and media displayed on or through the Site and our Services are not necessarily available and any results therefrom – which we cannot ultimately control – are out of our ultimate and complete scope. Some or all of the images shown in the Site are licensed and/or purchased stock photos, and are only shown for illustration purposes. Some or all of the content displayed in the Site is delivered by external third parties, and does not reflect Fwego’s opinions, nor do Fwego, its affiliates, subsidiaries, officers, employees and agents guarantee its actual veracity or make any endorsement thereof.
You acknowledge and agree that Fwego shall not be required to actively monitor nor exercise any editorial control whatsoever over the content of any material or information created, obtained or accessible through the Services or Site. Each registered user is solely responsible for the contents of their communications and may be held legally liable or accountable for the content of their comments or other material or information.
Fwego reserves the right to modify, amend, suspend, terminate, upgrade, update or otherwise modify these Terms, the Site and the Services, at any time and without notice. Any changes will be displayed on the Site, and we may also notify you by email. As a general rule, we will try to not diminish the functionalities available to your Service tier, and in the case of increased or newly available functionalities, we will inform you before their activation, including the timeframe to accept new payment terms.
Please refer to the last effective date where changes were last undertaken by us. Your use of our Services after the effective date of any update– either by an account registration or simple use – thereby indicates your acceptance thereof.
By disclosing any data and personally identifying information to us, you agree to our Policy, including the collection, process, storage and disclosure of such personally identifiable information, including to our affiliates, partners and clients. We will ask for your express consent, including for inclusion into our newsletters, updates, and follow ups. For more information, please read our Policy.
You hereby represent, warrant and covenant that: (i) your use of our Site and Services, and all your uploaded and used data shall be at all times compliant with these Terms and all local, state, federal and international laws and regulations applicable to you and your organization; (ii) you have obtained all necessary rights, releases and permissions to provide any data to Fwego and its affiliates, licensors and agents; and to grant the rights granted to Fwego in these Terms, including without limitation any intellectual property rights or rights of publicity, privacy and any use, collection and disclosure authorized.
The term hereof shall begin on the date that comes first among: (i) first access to the Site; (ii) your first access or execution of our Services; or (iii) Fwego begins providing its Services to you.
The term hereof will automatically end on the earlier date of either your: (i) account deactivation, suspension, freezing or deletion; (ii) access termination or revocation for our Services; (iii) Fwego’s termination of these Terms, at its sole and final discretion; (iv) the termination date indicated by Fwego to you from time to time; or (v) Fwego’s decision to make the Site or the Services no longer available for use, at its sole and final discretion.
These Terms, along with any and all licenses granted hereof may or will automatically terminate if you breach any of the terms and conditions contained herein. Upon termination for breach, your rights to use our Site, our Services and any information provided or generated thereby shall cease and you shall not be entitled to any compensation, credit, remedy or refund of any nature. In this case, please contact our support department in order to initiate the process of receiving a backup copy of your user data, if any, subject to the terms and conditions of our providers.
To the fullest extent permissible under applicable law, Fwego and the Services are provided to you “as is,” with “all faults” and “as available,” without warranty of any kind. Fwego, and its affiliates, clients, agents, officers, licensors and/or distributors do not make, and hereby disclaim, any and all express, implied or statutory warranties, either by statute, common law, custom or otherwise, however arising, including implied warranties of description, quality, fitness for a particular purpose, non-infringement, non-interference with use and/or enjoyment, peaceful enjoyment, and any warranties emanating out of course of dealing or trade usage.
Nothing in this disclaimer will limit or exclude our or your liability for death or personal injury resulting from negligence; limit or exclude our or your liability for fraud or fraudulent misrepresentation; limit any of our or your liabilities in any way that is not permitted under applicable law; or exclude any of our or your liabilities that may not be excluded under applicable law.
Fwego expressly disclaims any representation or warranty that Fwego complies with all applicable laws and regulations outside the United States. If you make use of Fwego outside of the United States, you expressly fully comprehend and consent that it is your responsibility to determine compliance with variant laws, regulations, or customs that may apply in connection with your use of Fwego.
In no event shall Fwego, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized third party, be held liable for any special, indirect, incidental or consequential damages, including losses, costs or expenses of any kind resulting from possession, access, use, inaccessibility or malfunction of Fwego or the Services including, but not limited to, loss of revenue, profits, business, loss of use or lack of availability of computer resources, business glitch, defamation, or loss of data (notwithstanding that we might have been advised of the possibility of such damages or such damages are foreseeable); whatsoever arising out of or related thereto, whether arising in tort (including negligence), contract, strict liability or other legal or equitable theory and whether or not Fwego, its affiliates, clients, licensors and/or distributors have been advised of the possibility of such damages; emanating from or connected, in any way, with your use of, or inability to use Fwego. Your singular redress for dissatisfaction with Fwego is your prompt withdrawal from using Fwego.
If a user suffers loss or damage as a result of Fwego’s negligence or failure to comply with these Terms, any claim by such user against us will be limited in respect of any one incident, or series of connected incidents, to the amount of one thousand ($1,000.00) United States Dollars.
These Terms provide you with specific legal rights, and you may have other rights that may vary from jurisdiction to jurisdiction. Legislation of some states/countries does not allow certain limitations of liability, and henceforth this limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You agree and acknowledge to indemnify, hold harmless, and defend Fwego, its affiliates, clients, agents, officers, licensors, distributors and/or any authorized representatives, and the officers, directors and employees of each (jointly, the “Fwego’s Indemnitees”) from and against any and all third party liabilities, claims, causes of action, suits, losses, damages, fines, judgments, settlements and expenses (including any and all reasonable outside attorneys’ fees and court costs) which may be suffered, made or incurred by any of such Fwego’s Indemnitees arising out of or relating to: (i) any breach of any warranties, representations and/or covenants made by you hereunder (to the extent not arising substantially from any breach hereof by Fwego); (ii) your use of Fwego; (ii) your user generated content; (iii) your conduct or interactions with other users of Fwego; (iv) your violation of any part of these Terms; and/or (v) any third party claim arising out of or in relation to Fwego or our Services or use thereof in combination with another platform, including without limitation, any claim Fwego or the Services violate, infringe, or misappropriate any proprietary or intellectual property right of any third party, including without limitation, any privacy right of any person.
We will immediately notify you of any such claim and will provide you (at your own expense) with assistance in defending the claim. Unless our prior written consent is first obtained, you will not settle any claim the defense of which we need to participate in. We reserve the right, at our own expense, to assume the exclusive defense of any matter otherwise subject to indemnification by you. In that circumstance, you will be under no obligation to defend us in that matter.
These Terms will inure to the benefit of any successors of the parties. We may assign any rights or obligations hereunder to any current or future affiliated company and to any successor in interest. Any rights not expressly granted herein are thereby reserved. These terms will inure to the benefit of any successors of the parties. We reserve the right, at any time, to transfer some or all of Fwego’s assets in connection with a merger, acquisition, reorganization or sale of assets or in the event of bankruptcy.
These Terms constitute the complete and exclusive statement of the agreement between the Parties with respect to the subject matter of these Terms, and these Terms supersede any and all prior oral or written communications, proposals, representations, and agreements. The Terms may be amended only by mutual agreement expressed in writing and signed by both parties, and any attempted amendment in violation of this section shall be void.
You hereby acknowledge and agree that if these Terms are not specifically enforced, Fwego will be irreparably damaged, and therefore you agree that Fwego shall be entitled, without bond, other security or proof of damages, to appropriate equitable remedies with respect to your breach of any of these Terms, in addition to any other available remedies.
Fwego is not liable for any failure of performance on its obligations as set forth herein, where such failure arises from any cause beyond Fwego’s reasonable control, including but not limiting to, electronic, power, mechanic or Internet failure, from acts of nature, forces or causes beyond our control, including without limitation, Internet failures, computer, telecommunications or any other equipment failures, electrical power failures, strikes, labor disputes, riots, insurrections, civil disturbances, shortages of labor or materials, fires, flood, storms, explosions, acts of God, war, governmental actions, government mandated lockdowns, pandemics, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
In understanding or interpreting the terms of these Terms: (i) the headings in this Agreement are for convenience only, and are not to be considered, and (ii) no presumption is to operate in either party’s favor as a result of its counsel’s role in drafting these Terms.
These Terms may be translated into other languages, but English shall be and remain the official language of this agreement and in any conflict between the English language version and any other version, the English language version shall control.
The Site may allow you to subscribe to our newsletter service, which may be provided by us or through an authorized third party. Through our newsletters, you may receive information according to your subscriber preferences. As our subscriber, you will receive a conspicuous communication indicating any subscription and you will be able to select the amount and type of emails received by you. If you wish to unsubscribe, you will find ‘unsubscribe’ and similar links on our communications.
You hereby represent and warrant that: (i) you are not located in a country that is subject to an international government’s embargo, or that has been designated by any nation’s government as a “terrorist supporting” country; and (ii) you are not listed on any government’s list of prohibited or restricted parties or activities.
Failure by Fwego to enforce any rights hereunder shall not be construed as a waiver of any rights with respect to the subject matter hereof.
You and Fwego are independent contractors, and no agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms.
All notices and other communications given or made pursuant to these Terms must be in writing and will be deemed to have been given upon the earlier of actual receipt or: (a) personal delivery to the party to be notified; (b) when sent, if sent by facsimile or electronic mail during normal business hours of the recipient, and if not sent during normal business hours, then on the recipient’s next business day; (c) five days after having been sent by registered or certified mail, return receipt requested, postage prepaid; or (d) one business day after deposit with a nationally recognized overnight courier, freight prepaid, specifying next business day delivery, with written verification of receipt. Each party agrees to receive electronic documents and to accept electronic signatures, which shall thereto be considered valid substitutes for hardcopy documents and hand inked signatures.
If any provision of these Terms is held unenforceable, then such provision will be modified to reflect the parties' intention. All remaining provisions of these Terms will remain in full force and effect.
You are responsible for complying with all tax obligations associated with your crypto currency activities.
By agreeing to the Terms, you agree that you are required to resolve any claim that you may have against Fwego on an individual basis in arbitration as set forth in this Arbitration Agreement, and not as a class, collective, coordinated, consolidated, mass and/or representative action. This Arbitration Agreement will preclude you from bringing any class, collective, coordinated, consolidated, mass and/or representative action against Fwego, and also preclude you from participating in or recovering relief in any current or future class, collective, coordinated, consolidated, mass and/or representative action brought against Fwego by someone else—except as provided below.
Thus, the parties agree that the Arbitrator shall not conduct any form of class, collective, coordinated, consolidated, mass and/or representative arbitration, nor join, coordinate, or consolidate claims of multiple individuals against Fwego in a single proceeding—except as provided below.
For the avoidance of doubt, except as provided below, this Arbitration Agreement precludes you from bringing or participating in any kind of class, collective, coordinated, consolidated, mass and/or representative or other kind of group, multi-plaintiff or joint action against Fwego, other than participating in a class-wide, collective, coordinated, consolidated, mass and/or representative settlement of claims.
You and Fwego agree that any dispute, claim, or controversy in any way arising out of or relating to: (i) these Terms and prior versions of these Terms, or the existence, breach, termination, enforcement, interpretation, scope, waiver, or validity thereof; (ii) your access to or use of the Services at any time; (iii) incidents or accidents resulting in personal injury to you or anyone else that you allege occurred in connection with your use of the Services (including, but not limited to, your use of the Fwego app), regardless whether the dispute, claim, or controversy occurred or accrued before or after the date you agreed to the Terms, and regardless whether you allege that the personal injury was experienced by you or anyone else; and (iv) your relationship with Fwego; will be settled by binding individual arbitration between you and Fwego, and not in a court of law. This Arbitration Agreement survives after your relationship with Fwego ends.
You acknowledge and agree that any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a class, collective, coordinated, consolidated, and/or representative action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any class, collective, coordinated, consolidated, and/or representative action, or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. Notwithstanding anything else in this agreement, this Class Action Waiver does not prevent you or Fwego from participating in a class-wide, collective, and/or representative settlement of claims.
The parties further agree that if for any reason a claim does not proceed in arbitration, this Class Action Waiver shall remain in effect, and a court may not preside over any action joining, coordinating, or consolidating the claims of multiple individuals against Fwego in a single proceeding, except that this Class Action Waiver shall not prevent you or Fwego from participating in a class-wide, collective, and/or representative settlement of claims. If there is a final judicial determination that any portion of this Class Action Waiver is unenforceable or unlawful for any reason, (i) any class, collective, coordinated, consolidated, and/or representative claims subject to the unenforceable or unlawful portion(s) shall proceed in a court of competent jurisdiction; (ii) the portion of the Class Action Waiver that is enforceable shall be enforced in arbitration; (iii) the unenforceable or unlawful portion(s) shall be severed from this Arbitration Agreement; and (iv) severance of the unenforceable or unlawful portion(s) shall have no impact whatsoever on the enforceability, applicability, or validity of the Arbitration Agreement or the arbitrability of any remaining claims asserted by you or Fwego.
You acknowledge and agree that any and all disputes, claims, or controversies between the parties shall be resolved only in individual arbitration. The parties expressly waive the right to have any dispute, claim, or controversy brought, heard, administered, resolved, or arbitrated as a mass action, and neither an arbitrator nor an arbitration provider shall have any authority to hear, arbitrate, or administer any mass action or to award relief to anyone but the individual in arbitration. The parties also expressly waive the right to seek, recover, or obtain any non-individual relief. The parties agree that the definition of a “Mass Action” includes, but is not limited to, instances in which you or Fwego are represented by a law firm or collection of law firms that has filed 50 or more arbitration demands of a substantially similar nature against the other party within 180 days of the arbitration demand filed on your or Fwego’s behalf, and the law firm or collection of law firms seeks to simultaneously or collectively administer and/or arbitrate all the arbitration demands in the aggregate. Notwithstanding anything else in this agreement, this Mass Action Waiver does not prevent you or Fwego from participating in a mass settlement of claims.
Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute (a “Notice”) describing the nature and basis of the claim or dispute, and the requested relief. A Notice to Fwego should be sent to our address as indicated in our contact section. After the Notice is received, you and Fwego may attempt to resolve the claim or dispute informally. If you and Fwego do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding. The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award, if any, to which either party is entitled. The amount of the award shall also be limited by the Limitation of Liability section of these Terms, to the extent applicable.
Arbitration shall be initiated through the American Arbitration Association (AAA) Rules, an established alternative dispute resolution provider (the “ADR Provider”) that offers arbitration as set forth in this section. The AAA Consumer Arbitration Rules (the “ADR Provider Rules”) governing the arbitration are available online at www.adr.org or by calling the AAA at 1-800-778-7879. If the AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider. The ADR Provider Rules shall govern all aspects of the arbitration, including but not limited to the method of initiating and/or demanding arbitration, except to the extent such rules are in conflict with these Terms.
Any claims or disputes may be resolved through binding non-appearance-based oral arbitration using secure communication means that are able to be recorded and stores online by all parties seeking relief. The arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. Each party shall bear its own costs (including attorney’s fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
If you or Fwego elect to pursue arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations (i.e., the legal deadline for filing a claim) and within any deadline imposed under the ADR Provider Rules for the pertinent claim.
If arbitration is initiated, the arbitrator will decide the rights and liabilities, if any, of you and Fwego, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.
The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the ADR Provider Rules, and these Terms. The award of the arbitrator is final and binding upon you and Fwego.
The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based, including the calculation of any damages awarded. The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have. The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.
Each party shall bear its own costs (including attorney's fees) and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.
Notwithstanding the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.
You agree to submit to the applicable laws in the State of Virginia, United States of America, which will govern these Terms and any claim, without regard to conflict of law provisions.
For the application of this arbitration agreement, and of other matters appertaining these Terms, the parties hereto agree to submit to the personal jurisdiction of the courts located in the City of Norfolk, State of Virginia, United States of America.
If you bring a dispute in a manner other than in accordance with this section, you agree that we may move to have it dismissed, and that you will be responsible for our reasonable attorney’s fees, court costs, and disbursements in doing so.
If you have any questions or queries about us, the Fwego, our Services or these Terms, please contact us via email@example.com. Note that communications made via email or the “Contact Us” page does not constitute legal notice to the Fwego legal entity.
Date of last effective update is 22 of March, 2022.