FOMOLINE TERMS AND CONDITIONS
1. Introduction
These terms and conditions govern all use of Fomoline’s website (www.fomoline.com) and all content, services, dashboards, and products provided by Fomoline (“Website” and “Services”). By accessing or using the Website or Services, you agree to abide by these terms and conditions, including the mandatory arbitration provision and class action waiver outlined below, as well as any additional policies referenced herein (collectively, the “Agreement”).
Fomoline reserves the right to modify, amend, or update this Agreement at any time. Changes will become effective immediately upon being posted on the Website or communicated through the Services. Your continued use of the Website or Services after changes are posted constitutes acceptance of the updated Agreement. If you do not agree with the amended Agreement, you must cease using the Website and Services immediately.
1. Account Registration and Security
To use certain features of the Website or Services, you may need to register for an account. By registering:
You agree to provide accurate and up-to-date information and promptly update your account details as necessary.
You are solely responsible for maintaining the confidentiality of your account credentials and are fully responsible for all activities conducted under your account.
You must notify Fomoline immediately if you suspect unauthorized access to your account.
Fomoline reserves the right to suspend or terminate accounts at its discretion for violations of this Agreement or other misuse.
2. Term and Termination
2.1 Term and Termination
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.
2.2 Termination
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
fomolineai@gmail.com
3. Permissible Use
You agree to use the Website and Services only for lawful purposes and in accordance with this Agreement. You represent and warrant that you will not:
Violate any applicable laws, regulations, or third-party terms of service.
Use the Website or Services for fraudulent, unauthorized, or illegal purposes.
Post, share, or distribute content that is harmful, abusive, defamatory, obscene, or infringes on the intellectual property or privacy rights of others.
Introduce harmful software, including viruses or malware, to the Website or Services.
Engage in data scraping, mining, or other automated means to extract data.
Reverse engineer, decompile, or disassemble any portion of the Website or Services.
Fomoline reserves the right to monitor, remove, or restrict access to content and user accounts as deemed necessary.
4. Fees, Payment, and Renewal
Access to certain Services may require payment. By subscribing or purchasing Services, you agree to the following:
All fees are payable in advance and are non-refundable unless explicitly stated otherwise.
Fomoline reserves the right to modify pricing, terms, or available Services upon 14 days’ prior notice.
Subscription renewals will be charged automatically unless canceled before the renewal date.
You are responsible for ensuring valid and up-to-date payment information is on file.
Failure to make timely payments may result in suspension or termination of your account or access to Services.
5. Pre-Launch Package
5.1 Pre-Launch Package Payment
By purchasing the Pre-Launch Package, you agree to pay a one-time fee of $749 USD. This payment will cover your first monthly recurring payment upon the official launch of our services.
5.2 Eligibility for Features
Customers who purchase the Pre-Launch Package will receive access to all features of Fomoline's software, including any future feature enhancements, at no additional cost. This offer provides you with a "grandfathered" status, ensuring lifetime access to all features and updates.
5.3 Service Fee Waiver
Typically, a $1,000 service fee is required to set up a virtual phone number for use with our AI services. By signing up for the Pre-Launch Package, this service fee will be waived. Customers must use this virtual number as their advertised business number, with calls forwarded to their existing business line to activate Fomoline’s AI services.
5.4 Number Porting Option
Customers who prefer to port their existing business number instead of using a virtual number will incur a $2,000 service fee. The number porting process typically takes 4-6 weeks to complete.
5.5 Fomoline Responsibility
Fomoline will update the customer’s social media platforms to display the assigned virtual number (or their ported number) as their primary business contact number. This ensures a smooth transition and proper functionality of Fomoline’s services. Customers must ensure that Fomoline has access to their social media account information or the necessary permissions to make these updates.
6. Third-Party Services
The Website and Services may integrate with or link to third-party platforms or services. Fomoline does not control, endorse, or assume liability for any third-party content, services, or terms of use. Interactions with third-party services are solely at your own risk and may be subject to separate agreements with those third parties.
7. Disclaimers and Limitation of Liability
The Website and Services are provided on an “as-is” and “as-available” basis without any warranties, express or implied. Fomoline does not guarantee uninterrupted or error-free operation of the Website or Services.
To the fullest extent permitted by law, Fomoline is not liable for any indirect, consequential, or punitive damages arising from the use of its Website or Services.
The maximum liability for any claim arising from this Agreement or the Services is limited to the amount paid by you in the 12 months preceding the claim.
8. Termination of Services
Fomoline reserves the right to terminate your access to the Website or Services at any time for violations of this Agreement or other misuse. Upon termination:
All rights granted to you under this Agreement will immediately cease.
Any outstanding fees or obligations will remain due and payable.
You may terminate your account at any time by contacting Fomoline’s support team.
9. Arbitration and Class Action Waiver
Mandatory Arbitration:
Any disputes arising from this Agreement or your use of the Services must be resolved through binding arbitration administered by a recognized arbitration provider.
Class Action Waiver:
Disputes will be resolved on an individual basis, and you waive the right to participate in any class or representative actions.
You may opt out of arbitration by providing written notice to Fomoline within 30 days of accepting this Agreement.
10. Changes to the Agreement
Fomoline reserves the right to update this Agreement at any time. Continued use of the Website or Services after changes are posted constitutes acceptance of the updated terms.
11. Indemnification
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.
12. Governing Law and Dispute Resolution
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.
13. Miscellaneous Provisions
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.
14. Intellectual Property
All content, trademarks, and proprietary materials provided through the Website or Services are owned by Fomoline or its licensors. You may not use, reproduce, distribute, or modify such materials without express authorization.
By submitting content or feedback to Fomoline, you grant Fomoline a perpetual, irrevocable, royalty-free license to use, display, modify, and distribute the content or feedback in connection with the operation and promotion of its Website and Services.
For questions or concerns about these Terms, please contact us at:
📧 Email: [email protected]