These Terms and Conditions (the "Terms") apply to the provision of services by Fomoline Inc. ("Fomoline," "we," "us," or "our") and govern the relationship between Fomoline and any person or entity ("Customer," "you," or "your") using or purchasing Fomoline services ("Services"). By accessing or using our Services, you agree to be bound by these Terms. If you do not agree, you may not use the Services.
These Terms are incorporated into any payment agreement or service subscription (“Agreement”) you enter into with Fomoline. Fomoline reserves the right to modify these Terms from time to time without prior notice. Continued use of the Services constitutes your acceptance of any updated Terms.
Unless otherwise specified in writing, the initial term of the Agreement ("Initial Term") is one (1) year, commencing from the effective date of the Agreement. The Agreement will automatically renew for additional one-year terms ("Renewal Terms") unless terminated as provided in this Section.
Termination for Cause: Either party may terminate the Agreement if the other party commits a material breach and fails to cure it within ten (10) business days after receiving written notice. Failure to pay for Services constitutes a material breach.
Notice of Termination: Termination notices must be provided in writing. Notices to Fomoline must be sent to [email protected].
Upon termination, the Customer shall pay all outstanding fees for Services rendered up to the termination date, including any unpaid fees for the current billing period. If Fomoline terminates for cause, Customer remains liable for the full remaining balance of the Initial or Renewal Term, as applicable.
Payments are due on the first day of each billing period unless otherwise stated in the Agreement. Customer authorizes Fomoline to charge the payment method on file for all fees due under the Agreement.
If additional services outside the scope of the Agreement are requested, fees and delivery timelines will be agreed upon in writing before commencement.
All intellectual property rights, including copyrights, trademarks, service marks, and proprietary methodologies, are and shall remain the sole property of Fomoline. Fomoline grants the Customer a limited, non-transferable, non-exclusive license to use the Services solely for Customer’s business operations as outlined in the Agreement.
Late payments are subject to a late fee of 5% of the outstanding balance, accruing monthly.
All intellectual property rights, including copyrights, trademarks, service marks, and proprietary methodologies, are and shall remain the sole property of Fomoline. Fomoline grants the Customer a limited, non-transferable, non-exclusive license to use the Services solely for Customer’s business operations as outlined in the Agreement.
Fomoline is committed to protecting the Customer's data in compliance with applicable data protection laws in Ontario, Canada. Please review our Privacy Policy for detailed information on our data practices, including how we handle, store, and protect Customer information.
Access and Cooperation: The Customer shall provide reasonable access to necessary resources and information to allow Fomoline to fulfill its obligations under the Agreement.
Data and Content Warranty: The Customer warrants that it has secured all necessary rights, licenses, and permissions to share any data or content provided to Fomoline for the Services.
Fomoline’s liability under these Terms shall be limited to the total fees paid by the Customer in the three (3) months preceding the event giving rise to the claim. Fomoline shall not be liable for indirect, incidental, or consequential damages, including lost profits or business interruption.
The Customer agrees to indemnify, defend, and hold Fomoline, its officers, directors, employees, and agents harmless from any claims, liabilities, or expenses (including reasonable attorneys' fees) arising from the Customer's use of the Services, breach of these Terms, or violation of any third-party rights.
These Terms and any dispute arising hereunder shall be governed by the laws of the Province of Ontario, Canada, without regard to its conflict of law principles. Any unresolved dispute will be resolved through binding arbitration in Ontario in accordance with the rules of the Canadian Arbitration Association.
Amendments: Fomoline may amend these Terms at its sole discretion. The Customer will be notified of any material changes.
Entire Agreement: These Terms, along with any Agreement, constitute the entire agreement between the parties concerning the Services and supersede all prior agreements or understandings.
No Waiver: Fomoline’s failure to enforce any provision of these Terms shall not constitute a waiver of future enforcement of that provision.
Severability: If any provision of these Terms is found to be unenforceable, the remaining provisions will remain in full force and effect.
📧 Email: [email protected]