Fibo, Inc. - Terms Of Service
Last Revised: Aug 16, 2015
Welcome to the Fibo! We realize that finance and marketing for self-employed and freelance work is serious business and we’re honored to have your trust. These terms (these "Terms") apply to your use of www.fiboapp.com and any related websites or platforms, and all other online products and services (collectively, the "Service") of Fibo, Inc. ("Fibo," "we," "us" or "our").
Accepting these Terms
If you access or use the Service, it means you agree to be bound by all of the terms below. Please read all of the terms before you use the Service. If a term does not make sense to you, please let us know. If you don't agree to all of the terms below, you may not use the Service. This Agreement is entered into between you and Fibo. If you have been provided access to the Service through your relationship with a third-party company, you acknowledge that such company is not a party to this Agreement.
Changes to these Terms
We encourage you to review the Terms regularly to know about our practices. We may change these Terms from time to time. For example, we may change these Terms if we come out with a new feature. If we make changes, we will let you know by revising the date at the top of the policy and, in some cases, provide you with additional notice (such as sending you an email notification). Any changes we make to these Terms will be effective when we post them. If you use the Service after we have posted the changed Terms, then you have accepted the changes to these Terms.
Description of the Service
Fibo provides a platform to help independent contractors and others manage various aspects of their independent business, income and expense tracking, non-professional tax guidance and by providing answers (via chat) and suggestions for marketing, finance, savings, and health care questions.
Fibo will add additional services in the future -- such as invoicing, customer relationship management, automated savings, website creation, and ability to pass information to tax professionals to help prepare end of year returns. For invoicing, the Users will also include Clients from whom payment is requested.
For more information about the Service, please contact us at firstname.lastname@example.org.
Right to Use the Service
On the condition that you fully comply with these Terms, Fibo grants you a limited, nonexclusive, non-transferable and revocable license to access and use the Service.
Except as expressly authorized by these Terms, you may not: (a) modify, disclose, alter, translate or create derivative works of the Service; (b) license, sublicense, resell, distribute, lease, rent, lend, transfer, assign or otherwise dispose of the Service; (c) disassemble, decompile or reverse engineer any of the software components of the Service; (d) copy, frame or mirror any part of the Service; (e) interfere with or disrupt the integrity or performance of the Service; or (f) attempt to gain unauthorized access to the Service or its related systems or networks.
Creating an Account with Fibo
When you create a member account, you agree to maintain the security of your password and accept all risk that someone may access your account without your permission. As a user you are also aware that a compromised password can lead to your sensitive and personal information being leaked. If you discover or suspect any Service security breaches, please let us know as soon as possible. You represent and warrant to us that all information that you provide in connection with your account is accurate, truthful, current and complete. Fibo reserves the right to deny, deactivate, or terminate any account at our discretion.
Integrating a Bank Account
If you use the portion of our Services that permits you to interact with a third-party bank account via our Services (“Bank Account”), you authorize us or our designated third-party service provider to access your Bank Account via the Services on your behalf and to process Bank Account information via the Services. You represent and warrant that you have the right to
access and use any Bank Account and to grant the foregoing authorization.
By agreeing to these Terms, you authorize Fibo to electronically debit and credit your designated deposit account at your designated depository financial institution (your "Bank Account") via ACH for user initiated automated savings, and, if ever applicable, to correct erroneous debits and credits via ACH.
You acknowledge that the electronic authorization contained in this Section represents your written authorization for ACH transactions as provided herein and will remain in full force and effect until you notify Fibo that you wish to revoke this authorization by emailing email@example.com. You must notify Fibo at least three Business Days before the scheduled debit date of any ACH transaction from your Bank Account in order to cancel this authorization. If we do not receive notice at least three Business Days before the scheduled debit date, we may attempt, in our sole discretion, to cancel the debit transaction. However, we assume no responsibility for our failure to do so.
You also acknowledge that the amount and frequency of each debit and credit may vary and that you waive your right to receive prior notice of the amount and date of each debit and credit.
In addition to any of your other representations and warranties in these Terms, you represent that: (a) your browser is equipped with at least 128-bit security encryption; (b) you are capable of printing, storing, or otherwise saving a copy of this electronic authorization for your records; and (c) the ACH transactions you hereby authorize comply with applicable law.
For purposes of these Terms, "Business Day" means Monday through Friday, excluding federal banking holidays.
Subscriptions and Fees
The service makes money via subscription plans, and charging a percentage fee for invoices processed on the platform. Users can subscribe to subscription plans either within the app or directly from the Fibo website. Subscription plans are on a rolling month-to-month basis, with each month’s fee paid upfront (at the beginning of each 30 day plan period), automatically auto-renewing each month. Users can cancel their subscription plans at any time from within the app. Subscription fees are non-refundable. The Company reserves the right to change, alter, add or remove subscription fees and plans at any time at its sole discretion, provided the Company notify its Users beforehand.
Informational Purposes Only
All tools and content provided by Fibo via the Services is for your basic informational purposes only. Fibo does not provide professional or legally binding tax, health or legal services. It is up to you in your sole discretion to decide whether or not to utilize the platform provided by Fibo. While we offer information and tools to help you manage your business and to facilitate your communications with other contractors and third-party companies, we do not provide professional advice and have no liability for your reliance on any information obtained through your use of the Services (whether provided by Fibo or its users). If you elect to use Fibo to find professional guidance for your taxes, the advice and service you receive on your tax return is between you and the professional—Fibo is not responsible for the quality of advice or professional and you may be subject to the tax professionals' own Terms and Conditions.
Third Party Materials
We may make third party content or services available on or through the Services as a convenience to our users (for example, links to third party websites) ("Third Party Materials"). Our users may also include Third Party Materials in the Content that they post to the Service. We do not control or endorse any Third Party Materials nor are we responsible for reviewing the accuracy of any Third Party Materials. Your business dealings or correspondence with third parties, and any terms, conditions, warranties or representations applicable to any Third Party Materials, are solely between you and the applicable third party. When you leave our Services, you should be aware that these Terms and all other Fibo policies no longer govern your use of other websites and services.
Any suggestions, comments or other feedback you give us about the Service will be our confidential information. We are free to use, disclose, reproduce, license, distribute and exploit this feedback as we see fit, without compensation to you or any obligation or restriction because of any intellectual property rights or otherwise.
Relationship with Fibo
The relationship between the parties shall only be that of independent contractors.. Your use of the Services does not create any other type of relationship between you and Fibo, including but not limited to any agency, partnership, joint venture, or employment relationship, or any obligations by Fibo to you or any other User except as otherwise expressly stated in these Terms or other written agreement signed by an authorized agent of Fibo.
THE SERVICE AND ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) ARE PROVIDED TO YOU ON AN AS-IS OR AS-AVAILABLE BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND. WE DISCLAIM ANY AND ALL OTHER WARRANTIES AND REPRESENTATIONS (EXPRESS OR IMPLIED, ORAL OR WRITTEN) WITH RESPECT TO THE SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICE (INCLUDING THIRD PARTY MATERIALS) WHETHER ALLEGED TO ARISE BY OPERATION OF LAW, BY REASON OF CUSTOM OR USAGE IN THE TRADE, BY COURSE OF DEALING OR OTHERWISE.
Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW: (A) IN NO EVENT WILL FIBO BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR TO THE SERVICES OR ANY OTHER SERVICE AND CONTENT INCLUDED ON OR OTHERWISE MADE AVAILABLE TO YOU THROUGH THE SERVICES (INCLUDING THIRD PARTY MATERIALS), REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, STRICT LIABILITY, BY STATUTE OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES OR ARE AWARE OF THE POSSIBILITY OF THESE DAMAGES; AND (B) THE AGGREGATE LIABILITY OF FIBO, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING AS A RESULT OF FOBO’S ALLEGED NEGLIGENCE), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY, ARISING OUT OF OR RELATING TO THESE TERMS OR THE USE OF OR INABILITY TO USE THE SERVICES EXCEED ANY AMOUNTS PAID BY YOU TO FIBO FOR THE SERVICES.
You will defend, indemnify, and hold us harmless from and against any actual or threatened suits, actions, proceedings (at law or in equity), claims, damages, payments, deficiencies, fines, judgments, settlements, liabilities, losses, costs, and expenses (including reasonable attorneys' fees, costs, penalties, interest, and disbursements) arising from or related to any conduct with respect to the Service or violation (or alleged violation) of these Terms or the rights of any third party by you or any person using your Fibo account.
Changes to the Service
Fibo reserves the right in our discretion to review, improve, change or discontinue, temporarily or permanently, the Service and/or any features, information, materials or content on the Service with or without providing notice to you. Fibo will not be liable to you or any third party for any changes or discontinuance of the Service or any part of the Service.
Consent to Electronic Communications
By using the Service, you agree that we may communicate with you electronically regarding your use of the Service and that any notices, agreements, disclosures or other communications that we send to you electronically will satisfy any legal communication requirements, including that the communications be in writing. To withdraw your consent from receiving electronic notice, please notify us at firstname.lastname@example.org.
Notice for California Users
If you are a California resident, you may have these Terms mailed to you electronically by sending a letter to the foregoing address with your electronic mail address and a request for these Terms. Under California Civil Code Section 1789.3, California Website users are entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 N. Market Blvd., Suite S-202, Sacramento, California 95834, or by telephone at (800) 952-5210.
Suspension and Termination
Fibo may suspend or terminate your rights to access or use the Service for any reason or for no reason at all and with or without notice at Fibo’s discretion. All of the terms of these Terms (excluding our license grants to you) will survive any termination or suspension. You may cancel your account at any time by contacting us at email@example.com.
Governing Law; Arbitration
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE THEY REQUIRE YOU TO ARBITRATE DISPUTES WITH FIBO AND LIMIT THE MANNER IN WHICH YOU CAN SEEK RELIEF FROM FIBO.
In the event of any controversy or claim arising out of or relating in any way to these Terms or the Service, you and Fibo agree to consult and negotiate with each other and, recognizing your mutual interests, try to reach a solution satisfactory to both parties. If we do not reach settlement within a period of 60 days, then either of us may, by notice to the other demand mediation under the mediation rules of the American Arbitration Association in San Francisco, California. We both give up our right to litigate our disputes and may not proceed to arbitration without first trying mediation, but you and Fibo are NOT required to arbitrate any dispute in which either party seeks equitable and other relief from the alleged unlawful use of copyrights, trademarks, trade names, logos, trade secrets or patents. Except as otherwise required under applicable law, you and Fibo intend and agree: (1) not to assert class action or representative action procedures and agree that they will not apply in any arbitration involving the other; (2) not to assert class action or representative action claims against the other in arbitration or otherwise; and (3) will only submit individual claims in arbitration and will not seek to represent the interests of any other person or entity.
If settlement is not reached within 60 days after service of a written demand for mediation, any unresolved controversy or claim will be resolved by arbitration in accordance with the rules of the American Arbitration Association before a single arbitrator in San Francisco, California. The language of all proceedings and filings will be English. The arbitrator will render a written opinion including findings of fact and law and the award and/or determination of the arbitrator will be binding on the parties, and their respective administrators and assigns, and will not be subject to appeal. Judgment may be entered upon the award of the arbitrator in any court of competent jurisdiction. The expenses of the arbitration will be shared equally by the parties unless the arbitration determines that the expenses will be otherwise assessed and the prevailing party may be awarded its attorneys' fees and expenses by the arbitrator. It is the intent of the parties that, barring extraordinary circumstances, arbitration proceedings will be concluded within 90 days from the date the arbitrator is appointed. The arbitrator may extend this time limit only if failure to do so would unduly prejudice the rights of the parties. Failure to adhere to this time limit will not constitute a basis for challenging the award. Consistent with the expedited nature of arbitration, pre-hearing information exchange will be limited to the reasonable production of relevant, non-privileged documents, carried out expeditiously.
Enforcement of these Terms is solely at Fibo’s discretion. Failure to enforce any part of these Terms in some instances does not constitute a waiver of our right to enforce the same or other part of these Terms in other instances. If any provision of these Terms is or becomes unlawful, void or otherwise unenforceable (including the warranty disclaimers and liability limitations above), then that provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remaining provisions of these Terms will continue in full force and effect. As used in these Terms, "including" means "including (without limitation)." The section headings these Terms and are for reference purposes only and will not affect the meaning or interpretation of these Terms.