Effective as of 12 September 2024
1. Introduction
These Terms of Service and User Agreement ("Terms") govern your use of our Software as a Service (SaaS), mobile application ("Mobile App"), and other products and services (collectively, the "Services") provided by Fenorri. By accessing or using our Services, you agree to comply with and be bound by these Terms, which form a legal agreement between you ("User") and Fenorri Limited (“Fenorri”). If you do not agree with any of the Terms set forth in this document, you must refrain from using the Services.
Fenorri reserves the right to modify, amend, or update these Terms at any time, at its sole discretion. Any changes will be posted on this page with an updated revision date. It is your responsibility to review this document periodically to stay informed of any changes. Your continued use of the Services after such modifications constitutes your acceptance of the revised Terms.
These Terms apply to all Users, including individuals, organizations, or entities that access or use our Services. By using our Services, you also agree to comply with our Privacy Policy and any other guidelines, policies, or terms referenced within the Services.
2. Definitions
For the purposes of these Terms, the following terms have the meanings set forth below:
- 2.1 "SaaS": Refers to the Software as a Service offering provided by Fenorri, which allows users to access and use the software application hosted by Fenorri through the internet. This includes any associated features, tools, functionalities, and updates made available as part of the SaaS offering.
- 2.2 "Mobile App": Refers to the mobile application developed by Fenorri, available for download and use on mobile devices (such as smartphones and tablets), which provides access to certain features and functionalities of the Services. This includes all updates, features, and tools within the mobile application.
- 2.3 "Products and Services": Refers to all products, services, and solutions provided by Fenorri, including but not limited to SaaS, Mobile App, APIs, integrations, and other offerings that may be made available to Users from time to time. This encompasses both paid and free offerings, whether accessed through a subscription, one-time purchase, or other payment models.
- 2.4 "User": Refers to any individual, organization, or entity that registers for, accesses, or uses any of the Services provided by Fenorri. A "User" may include customers, clients, or third-party collaborators.
- 2.5 "Account": Refers to the user account that must be created by the User to access certain Services. The account may include, but is not limited to, registration details such as name, email address, and payment information, as well as credentials used to authenticate and access the Services.
- 2.6 "Content": Refers to any text, images, videos, data, or other materials that are uploaded, shared, or created by the User through the Services. This may include, but is not limited to, documents, messages, and files that are generated or exchanged while using the Services.
- 2.7 "Subscription": Refers to the payment plan chosen by the User to access certain premium features or functionalities of the Services. A subscription may be based on a recurring payment schedule, such as monthly or annually, or a one-time payment, depending on the product.
- 2.8 "Privacy Policy": Refers to the separate document outlining how Fenorri collects, uses, stores, and protects the personal and sensitive information of Users. The Privacy Policy governs the handling of personal data in accordance with applicable data protection laws.
- 2.9 "Third-Party Services": Refers to any services, products, or platforms provided by third parties that may be integrated with or used in conjunction with the Services offered by Fenorri. These third-party services may have their own terms and conditions and privacy policies that apply to their use.
- 2.10 "Terms": Refers to these Terms, as amended or updated from time to time, which govern the use of the Services provided by Fenorri.
3. Eligibility
To access or use the Services provided by Fenorri, you must meet the following eligibility criteria:
- 3.1 Age Requirement: You must be at least 18 years of age, or the legal age of majority in your jurisdiction, to create an Account and use the Services. By agreeing to these Terms, you confirm that you are of legal age or that you have the consent of a parent or legal guardian to use the Services.
- 3.2 Account Registration: In order to access certain features of the Services, you must create an Account by providing accurate, complete, and up-to-date information, as requested during the registration process. You agree to update your information promptly if there are any changes to ensure that it remains accurate.
- 3.3 Business Use: If you are using the Services on behalf of a business, organization, or other entity (collectively, "Organization"), you represent and warrant that the Organization is a legally registered entity in its jurisdiction and that you have the authority to bind the Organization to these Terms. In this case, the term "User" will refer to the Organization, and you, as a representative of the Organization, will be responsible for ensuring its compliance with these Terms. The Services are only available for use by registered organizations, and may not be used by individuals. Any use must be on behalf of a legally registered Organization.
- 3.4 Restrictions on Use: The Services are not available to individuals or entities who have been previously banned or restricted from using the Services by Fenorri, nor are they available in jurisdictions where use of the Services would be prohibited by law. Fenorri reserves the right to deny access to anyone, at its sole discretion, for any reason.
- 3.5 Legal Compliance: You agree to comply with all applicable local, state, national, and international laws and regulations while using the Services. If you are using the Services in a jurisdiction where specific laws apply, you are responsible for ensuring your use complies with those laws.
By using the Services, you affirm that you meet the eligibility requirements and agree to comply with these Terms.
4. User Responsibilities
As a User of the Services provided by Fenorri, you are responsible for the following:
- 4.1 Account Security: You are solely responsible for maintaining the confidentiality of your Account credentials (e.g., username, password) and for all activities that occur under your Account. You agree to immediately notify Fenorri of any unauthorized use or breach of security related to your Account. Fenorri is not liable for any losses or damages resulting from unauthorized access to your Account due to your failure to maintain the security of your credentials.
- 4.2 Use of Services:
You agree to use the Services solely for lawful purposes and in accordance with these Terms. You shall not engage in any conduct that:
- Violates any applicable laws or regulations.
- Infringes the intellectual property or privacy rights of others.
- Interferes with, disrupts, or damages the operation of the Services.
- Attempts to gain unauthorized access to the Services or any related systems or networks.
- Involves the transmission of malicious software, viruses, or harmful code.
- Harasses, abuses, or harms other users or third parties.
- 4.3 Content Responsibility: You are responsible for any content that you upload, post, or otherwise submit to the Services. This includes, but is not limited to, text, images, files, and data ("User Content"). By submitting content, you represent and warrant that:
- You have all necessary rights and permissions to upload and share such content.
- The content does not infringe on any third-party intellectual property rights, privacy rights, or other legal rights.
- The content is not obscene, defamatory, threatening, or otherwise unlawful.
- The content does not violate the rights of any individual or organization, including intellectual property, privacy, or contractual rights.
- The Services do not permit Users to publicly share nudity or explicit content. Additionally, the Services prohibit the public sharing of real-world graphic violence, except in cases where it is deemed newsworthy and relevant.
Fenorri reserves the right to remove or disable access to any User Content that violates these Terms or is deemed inappropriate, at its sole discretion.
- 4.4 Compliance with Laws: You agree to comply with all applicable local, state, national, and international laws while using the Services. This includes, but is not limited to, laws related to data protection, intellectual property, and export controls. You will not use the Services for any unlawful purpose or in any manner that violates applicable laws, regulations, or third-party rights.
- 4.5 Service Usage Limitations: You agree not to:
- Reverse engineer, decompile, or disassemble any part of the Services.
- Reproduce, modify, distribute, or otherwise exploit any part of the Services without the prior written consent of Fenorri.
- Create or use any unauthorized third-party tools to access or interact with the Services.
- 4.6 Payment and Billing: If you are using paid Services or features, you agree to provide accurate and complete billing information, including valid payment methods. You are responsible for ensuring that your subscription or payment remains current and for promptly addressing any issues related to your account's billing.
- 4.7 Cooperation with Fenorri: You agree to cooperate with Fenorri in any investigation or audit relating to your use of the Services. This includes providing necessary information or access as reasonably requested by Fenorri to ensure compliance with these Terms.
- 4.7 User Responsibility for Content Administration: As a User of the Services, you are responsible for administering and managing the content that other users post within your Organization’s Virtual Private Cloud (VPC). Since the Services are distributed within a private and secure environment, it is your duty to ensure that all content posted by users within your Organization complies with these Terms.
You are specifically responsible for monitoring and removing any content that is prohibited by these Terms, including but not limited to:
- Political content that violates the rights of others, promotes hate, or incites violence
- Content related to criminal activities or the promotion of illegal behavior
- Economic crimes, political offenses, and violations of international trade sanctions
- Nudity, explicit content, or graphic violence that is inappropriate or disturbing
- Content involving weapons, narcotics, illegal substances, or other contraband materials
- Terrorism-related content, including the promotion or glorification of terrorist acts, groups, or ideologies
- Illegal digital content such as computer viruses, malware, ransomware, spyware, and other malicious digital threats refers to harmful software or code designed to disrupt, damage, steal, or compromise data, systems, and networks, often leading to security breaches, data loss, and unauthorized access.
- Content containing misinformation, whether deliberate or accidental, that misleads others and causes harm, including financial loss or reputational damage
- Unlawful or harmful content, including content that promotes discrimination, terrorism, or any form of illegal activity
Failure to remove such prohibited content in a timely manner will result in severe consequences, including the immediate suspension and removal of your account. Any violations of these Terms may result in the complete termination of your access to the Services, with no refund of any fees already paid for the service. You acknowledge that it is your responsibility to ensure compliance with these requirements, and you agree to take appropriate action to remove any violating content promptly.
By using the Services, you acknowledge and agree to assume responsibility for your actions and content while using the Services and to comply with these obligations.
5. Services Provided
Fenorri offers a variety of products and services designed to meet the needs of individuals and organizations. The Services include but are not limited to the following:
- 5.1 SaaS Offering: Fenorri provides a Software as a Service (SaaS) platform that allows Users to access and use a range of cloud-based software applications. The SaaS platform is accessible via web browsers and is hosted on secure servers maintained by Fenorri. The specific features, tools, and functionalities of the SaaS offering may vary depending on the subscription plan or service package chosen by the User.
- 5.1.1 Features and Functionality: The SaaS platform offers various tools and features designed to facilitate business processes, improve productivity, or support other user needs. The specific functionality available to Users will depend on the type of plan or product they select.
- 5.1.2 Updates and Improvements: Fenorri may periodically update or enhance the SaaS platform, adding new features, functionalities, or improvements. Updates may be automatically applied to the platform, and Users will be notified of any significant changes. Fenorri aims to provide an improved user experience and may make these changes without prior notice, unless they affect the User’s rights or subscription terms.
- 5.2 Mobile App: In addition to the SaaS platform, Fenorri provides a Mobile App that enables Users to access certain features and functionalities of the Services on mobile devices, such as smartphones. The Mobile App is available for download through major app stores and offers a mobile-optimized experience for Users to manage their accounts, interact with their data, and use various tools while on the go.
- 5.2.1 Mobile App Features: The Mobile App may include features such as real-time notifications, mobile-based data access, reporting, messaging, and other capabilities depending on the User’s subscription. Not all features available on the SaaS platform may be accessible via the Mobile App.
- 5.2.2 Updates and Compatibility: Fenorri may release updates to the Mobile App to improve performance, add new features, or ensure compatibility with new operating systems. It is the User's responsibility to maintain an updated version of the app on their device.
- 5.3 Other Products and Services: Fenorri may provide additional products and services, such as APIs, data analytics tools, integrations with third-party platforms, training materials, and customer support services. These offerings are designed to complement the primary Services and may require separate agreements, licenses, or additional fees.
- 5.3.1 API and Integrations: Fenorri may offer APIs (Application Programming Interfaces) that allow Users to integrate the Services with other third-party applications or systems. These integrations may be available as part of certain subscription plans and are subject to additional terms and conditions.
- 5.3.2 Training and Support: Fenorri may provide User training, onboarding assistance, and technical support to ensure a positive experience with the Services. Support channels may include online resources, FAQs, email support, or live chat. Some support services may be available only to Users on certain subscription plans.
- 5.4 Service Access and Availability: The Services are provided on a subscription or usage basis, with varying levels of access depending on the User’s plan or agreement with Fenorri. While Fenorri strives to ensure the availability and reliability of the Services, certain features or access to the Services may be subject to downtime for maintenance, updates, or unforeseen circumstances.
- 5.5 Service Limitations: The Services are designed to provide reliable and efficient solutions, but they may have limitations based on factors such as the User's internet connection, device compatibility, or plan type. Fenorri does not guarantee that the Services will be error-free or uninterrupted, and performance may vary based on external factors.
By using the Services, you acknowledge and agree that Fenorri provides these products and services in accordance with the terms set forth in this agreement, and that certain features may vary depending on the subscription, product version, or service package chosen.
6. Subscription and Payment
To access certain features and functionalities of the Services provided by Fenorri, you may be required to subscribe to one of our available subscription plans or pay for specific services on a one-time or recurring basis. The following terms govern your subscription and payment responsibilities:
- 6.1 Pricing Plans: Fenorri offers different subscription plans based on the level of access and features you require. These plans may include:
- Free Plans: Limited access to the Services with basic features. Users may be subject to usage limitations or restricted functionality.
- Paid Plans: Access to premium features and services, with varying pricing tiers depending on the features, usage, or number of users. Pricing details will be provided at the time of subscription and may be subject to change.
The specific details of each plan, including the available features and pricing, will be provided on the Fenorri website or within the user account interface. Fenorri reserves the right to modify or discontinue any subscription plans at any time, with notice to affected Users.
- 6.2 Payment Terms: By subscribing to a paid plan or service, you agree to pay the applicable fees based on your selected plan, payment frequency, and any additional charges that may apply. Payment for the Services is generally processed in advance, either on a monthly, annual, or one-time basis, depending on the subscription terms. Payments must be made through the accepted payment methods provided by Fenorri (e.g., credit card, debit card, electronic transfer).
- 6.2.1 Payment Authorization: By providing your payment information, you authorize Fenorri to charge your selected payment method for the subscription fees and any applicable taxes or additional charges related to your use of the Services.
- 6.2.2 Payment Failures: If a payment is not successfully processed due to insufficient funds, expired credit card details, or other payment-related issues, Fenorri may suspend or terminate access to your account until payment is successfully completed.
- 6.3 Trial Period: Fenorri may offer a free trial period for certain paid services, allowing you to try the Services before committing to a subscription. The trial period duration and specific terms (e.g., features included, billing cycle) will be clearly communicated at the time of sign-up. If you do not cancel your subscription before the end of the trial period, you will be automatically charged for the next billing cycle according to the subscription plan you selected.
- 6.4 Refund Policy: Fenorri offers a refund policy for users who are unsatisfied with the Services. Refund eligibility is typically limited to specific circumstances, such as a technical issue with the service that cannot be resolved within a reasonable period or a failure to deliver the promised service. Refund requests must be submitted within a specified timeframe (e.g., 30 days from the payment date) and will be evaluated on a case-by-case basis. Some fees or charges may be non-refundable, including but not limited to non-refundable setup fees, charges for past usage, and fees for premium features that have already been provided.
- 6.5 Taxes: The fees quoted for the Services may exclude taxes, duties, or other charges that may be imposed by local, state, or national authorities. You are responsible for paying any applicable taxes or duties in connection with your use of the Services, and Fenorri may charge taxes where required by law. The applicable taxes will be clearly itemized on your invoice.
- 6.6 Price Changes: Fenorri reserves the right to modify the pricing for any of its Services. Any price changes will be communicated to you prior to the next billing cycle, and you will have the option to accept the new pricing or cancel your subscription before the changes take effect. Continued use of the Services after a price change constitutes your acceptance of the new pricing.
- 6.7 Subscription Renewal: Unless you cancel your subscription in accordance with the cancellation terms outlined in these Terms, your subscription will automatically renew at the end of each billing period. Your renewal will be charged at the current rate for the selected plan, unless otherwise stated. You may update or modify your subscription preferences through your account settings.
By subscribing to the Services, you agree to these payment terms and acknowledge your responsibility for paying the applicable fees as outlined in the subscription plan you have chosen.
7. User Data and Privacy
Fenorri is committed to protecting your privacy and the security of your personal and business data. This section outlines how we collect, use, store, and protect your data, as well as your rights regarding your personal information.
- 7.1 Data Collection:
When you use our Services, Fenorri may collect certain information from you, including but not limited to:
- Personal Information: Information that can be used to identify you, such as your name, email address, billing address, phone number, and payment details.
- Account Information: Information related to your Account, such as your login credentials, subscription plan, usage history, and support requests.
- Usage Data: Data regarding your interactions with the Services, including IP addresses, browser type, device information, log files, and user activity patterns.
- Content: Any content you upload, create, or share through the Services, including files, documents, messages, or other materials ("User Content").
You are responsible for providing accurate and complete information when registering for or using the Services. You also agree to update your information as necessary to keep it accurate and current.
- 7.2 Data Usage:
Fenorri uses the data we collect to:
- Provide and Improve the Services: To deliver the features and functionalities of the Services, troubleshoot issues, and improve the performance and user experience.
- Communication: To send you important notifications, such as billing updates, service changes, promotional offers (if applicable), and customer support communications.
- Personalization: To personalize your experience with the Services and offer recommendations or content based on your usage patterns and preferences.
- Compliance and Legal Obligations: To comply with legal obligations, resolve disputes, and enforce our Terms and other policies.
- 7.3 Data Storage and Retention:
Fenorri will store your data for as long as necessary to fulfill the purposes outlined in this section and comply with our legal obligations. If you choose to terminate your account, we may retain certain data for a period of time to meet legal, accounting, or contractual requirements. While we take reasonable steps to protect your data, you acknowledge that no method of data transmission over the internet is entirely secure, and we cannot guarantee absolute data security.
- 7.4 Sharing of User Data:
Fenorri will not sell, rent, or lease your personal data to third parties. However, we may share your data under the following circumstances:
- Service Providers: We may share your data with trusted third-party service providers who help us operate the Services, process payments, and provide customer support. These third parties are obligated to protect your data and may only use it for the purposes for which it was shared.
- Legal Compliance: If required by law, regulation, legal process, or governmental request, we may disclose your data to comply with applicable legal obligations or to protect our rights, property, and safety.
- Business Transfers: In the event of a merger, acquisition, or sale of all or part of our business, your data may be transferred as part of the transaction. You will be notified of any such change in ownership or control of your personal data.
- 7.5 User Rights and Control:
Depending on your jurisdiction, you may have certain rights regarding the personal data we collect and process. These rights may include:
- Access: You have the right to request access to the data we hold about you.
- Correction: You may request to update or correct any inaccurate or incomplete information.
- Deletion: You may request the deletion of your personal data, subject to legal and contractual limitations.
- Restriction of Processing: You may request to limit the processing of your data under certain circumstances.
- Data Portability: You may request a copy of your data in a structured, commonly used format for transfer to another service provider.
To exercise any of these rights, please contact us using the contact information provided in the "Contact Us" section of these Terms.
- 7.6 Privacy Policy:
The collection, use, and sharing of your data are also governed by our Privacy Policy. Please review the Privacy Policy for more detailed information on how we handle your personal data, including any applicable data protection rights under the relevant laws.
By using our Services, you acknowledge and consent to the collection, use, storage, and sharing of your data as outlined in this section and our Privacy Policy. If you do not agree with our data practices, you must refrain from using the Services.
8. License and Intellectual Property
This section governs the ownership and usage rights of the intellectual property associated with the Services provided by Fenorri, as well as the terms under which Users may access and use the Services.
- 8.1 Ownership of Intellectual Property:
All content, software, code, graphics, trademarks, logos, designs, and other materials related to the Services provided by Fenorri (collectively referred to as "Intellectual Property") are the exclusive property of Fenorri or its licensors. This includes but is not limited to:
- The SaaS platform, Mobile App, and any other related products or services.
- All documentation, user guides, and training materials related to the Services.
- Any updates, modifications, or enhancements made to the Services.
Fenorri retains all right, title, and interest in and to the Intellectual Property, and nothing in these Terms grants you any ownership rights in any of the Intellectual Property.
- 8.2 License to Use the Services:
Fenorri grants you a limited, non-exclusive, non-transferable, and revocable license to access and use the Services, including the SaaS platform, Mobile App, and related materials, solely for internal business, non-commercial purposes, and in accordance with these Terms. This license is subject to your compliance with these Terms and any applicable laws.
- 8.2.1 Restrictions:
You may not:
- Reverse engineer, decompile, or disassemble any part of the Services.
- Use the Services for any purpose other than as expressly authorized in these Terms.
- Rent, lease, sublicense, distribute, or otherwise make the Services available to third parties.
- Remove, alter, or obscure any copyright, trademark, or other proprietary notices contained in the Services or any materials related to them.
- 8.3 User Content:
You retain ownership of any content you upload, create, or submit to the Services ("User Content"). You represent and warrant that you have the necessary rights, licenses, and permissions to submit User Content to the Services and that such content does not infringe on the intellectual property or privacy rights of any third party.
- 8.4 Feedback:
If you provide Fenorri with any suggestions, ideas, feedback, or recommendations related to the Services ("Feedback"), you grant Fenorri a worldwide, royalty-free, irrevocable, and sublicensable right to use, modify, and incorporate such Feedback into the Services without any obligation to compensate you.
- 8.5 Trademarks:
All trademarks, service marks, logos, and brand names used in connection with the Services are the property of Fenorri or its licensors. You may not use, display, or reproduce these marks without the prior written consent of Fenorri, except as necessary for your authorized use of the Services under these Terms.
- 8.6 No Implied Rights:
Except as expressly provided in these Terms, no other rights, licenses, or permissions are granted to you, whether by implication, estoppel, or otherwise, under any of Fenorri’s intellectual property rights. You agree not to engage in any activity that may infringe upon Fenorri’s intellectual property or its exclusive rights in the Services.
- 8.7 Termination of License:
Your license to use the Services is effective until terminated. Fenorri may suspend or terminate your access to the Services, at its sole discretion, for any violation of these Terms or if you no longer comply with the license conditions. Upon termination, you must immediately cease all use of the Services and destroy any copies of the Services or related materials in your possession.
By using the Services, you acknowledge and agree to respect the intellectual property rights of Fenorri and its licensors. You also agree to comply with the restrictions and conditions outlined in this section regarding the use of the Services and related materials.
9. Service Availability and Limitations
Fenorri strives to provide a reliable and high-quality user experience; however, certain limitations and conditions apply to the availability and performance of the Services. This section outlines the availability of the Services, potential disruptions, and service limitations.
- 9.1 Service Availability:
Fenorri aims to provide continuous and uninterrupted access to the Services. However, the availability of the Services may be affected by a variety of factors, including:
- Scheduled Maintenance: Periodic maintenance, updates, or upgrades to the Services may result in temporary service interruptions. Fenorri will provide reasonable advance notice of such scheduled maintenance whenever possible.
- Unscheduled Downtime: Unexpected technical issues, such as server outages or network disruptions, may cause unplanned interruptions in service. Fenorri will make reasonable efforts to restore service as quickly as possible.
- Third-Party Dependencies: The Services may depend on third-party services (such as cloud hosting providers, payment processors, or communication networks). Fenorri is not responsible for any service disruptions caused by third-party providers.
While Fenorri makes efforts to minimize downtime and disruptions, no service is entirely immune from potential interruptions.
- 9.2 Service Limitations:
The Services may have certain limitations, which are outlined below:
- Hardware and Software Requirements: The performance and accessibility of the Services may vary depending on the User’s hardware, software, and internet connection. Fenorri is not responsible for any issues arising from the User’s failure to meet the minimum system requirements or use compatible devices or browsers.
- Geographic Restrictions: The availability of certain features or Services may vary based on your geographic location. Some features or products may not be available in all regions, and Fenorri makes no representations regarding the availability of the Services in any particular location.
- Service Features: Certain advanced features or services may only be available on specific subscription plans. Users on lower-tier plans may not have access to certain premium functionalities or may experience limitations in usage.
- 9.3 Service Level Agreement (SLA):
If applicable, Fenorri may provide a Service Level Agreement (SLA) for specific subscription plans, which outlines the expected uptime, support response times, and other performance metrics. The SLA is subject to the specific terms and conditions included in the agreement. In the event that Fenorri does not meet the SLA, Users may be entitled to specific remedies or service credits as defined in the SLA.
- 9.3.1 SLA Exclusions:
The SLA does not cover downtime or service interruptions caused by:
- User-related issues (e.g., incorrect configurations or account-related problems).
- Third-party providers or external network issues.
- Force majeure events such as natural disasters, war, or government actions.
- 9.4 Data Backup and Recovery:
Fenorri performs regular backups of the Services and data; however, Fenorri cannot guarantee the recovery of all data in every instance. While reasonable efforts will be made to restore lost data in the event of a system failure, there is no assurance that all data can be recovered.
- 9.5 No Warranty of Availability:
Fenorri does not guarantee that the Services will be available at all times or without interruptions. The Services may be temporarily unavailable due to maintenance, upgrades, or unforeseen technical issues. Fenorri does not warrant that the Services will be error-free or meet your specific requirements at all times.
- 9.6 Service Termination or Suspension:
Fenorri reserves the right to suspend or terminate access to the Services at its sole discretion, for reasons including but not limited to:
- Breach of these Terms.
- Non-payment or unresolved billing issues.
- Maintenance, updates, or technical issues.
- Compliance with legal or regulatory obligations.
In such cases, Fenorri will notify the User of the suspension or termination, and the User may be entitled to a refund, credit, or other remedies as specified in these Terms, depending on the circumstances.
- 9.7 Force Majeure:
Fenorri shall not be liable for any failure or delay in the performance of the Services if such failure or delay is caused by events beyond its reasonable control, including but not limited to natural disasters, government actions, acts of war or terrorism, strikes, network failures, or other events of force majeure.
By using the Services, you acknowledge and accept that the availability and functionality of the Services may be subject to the limitations outlined in this section, and that Fenorri is not liable for any downtime, disruptions, or limitations in performance.
10. Termination of Service
The termination of your access to the Services may occur under various circumstances as outlined below. This section defines the conditions under which the Services may be terminated, the procedures for termination, and the consequences for both users and Fenorri.
- 10.1 User-Initiated Termination:
You may terminate your access to the Services at any time by following the proper account cancellation procedures outlined in your user account settings or by contacting Fenorri’s support team. Upon cancellation:
- You will lose access to the Services and any data associated with your account unless you request that your data be retained or exported before termination, as provided under these Terms.
- If you are on a paid subscription, cancellation may be subject to the specific billing cycle. If you cancel during an active billing cycle, you will not be entitled to a refund, but your access to paid features may continue until the end of the current billing period.
- 10.2 Company-Initiated Termination:
Fenorri reserves the right to suspend, limit, or terminate your access to the Services at any time, without notice, in the event of:
- Breach of Terms: If you violate any of the terms and conditions set forth in these Terms, including but not limited to unauthorized use of the Services, failure to pay fees, or misuse of user data.
- Abuse or Fraudulent Activity: If Fenorri determines, at its sole discretion, that your use of the Services is fraudulent, abusive, harmful to the platform, or otherwise inappropriate.
- Failure to Pay: If you fail to pay any fees due for the Services, Fenorri may suspend or terminate your access until payment is made.
- Legal Compliance: If Fenorri is required to terminate your account to comply with legal obligations, such as court orders or regulatory requirements.
In such cases, Fenorri will make reasonable efforts to notify you of the termination, though immediate action may be taken if necessary to protect the integrity of the Services or prevent further damage.
- 10.3 Termination for Convenience:
Fenorri reserves the right to discontinue, modify, or terminate the Services, in whole or in part, at any time, for any reason, with or without notice. In the event of such a termination, Fenorri will provide affected users with reasonable notice where feasible and, where applicable, offer refunds or service credits according to the terms of the applicable subscription plan.
- 10.4 Effects of Termination:
Upon termination of the Services, whether initiated by you or by Fenorri:
- You will no longer have access to the Services or any associated data or content.
- You may request a copy of your User Content before termination if applicable and as outlined in these Terms.
- You remain responsible for any outstanding fees, payments, or other obligations incurred up to the date of termination.
If applicable, any licenses granted to you for the use of the Services will automatically end upon termination, and you must cease all use of the Services and related intellectual property immediately.
- 10.5 Data Retention and Deletion:
Upon termination, Fenorri may retain your data as required by law or for legitimate business purposes (e.g., for backup, compliance, or dispute resolution purposes). You may request the deletion of your data in accordance with the procedures outlined in the Privacy Policy, but Fenorri is not obligated to delete data if retention is required for legal or business purposes.
- 10.6 No Refunds Upon Termination:
Except where expressly stated in these Terms or under applicable law, termination of the Services does not entitle you to a refund for any unused portion of your subscription or any other fees paid.
- 10.7 Survival of Terms:
Certain provisions of these Terms will survive termination, including but not limited to provisions regarding the ownership of intellectual property, data privacy, limitations of liability, indemnification, and any other terms that, by their nature, should survive termination or expiration of the agreement.
By using the Services, you acknowledge and agree that termination may occur under the conditions specified above, and that Fenorri is not liable for any loss of data or access to the Services following such termination.
11. Limitation of Liability
To the fullest extent permitted by applicable law, Fenorri and its affiliates, directors, officers, employees, agents, and partners will not be held liable for any indirect, incidental, special, consequential, or punitive damages arising from or in connection with your use of the Services, even if Fenorri has been advised of the possibility of such damages. This section sets forth the limits on the liability of Fenorri with respect to any claims related to the Services.
- 11.1 Exclusion of Damages:
Under no circumstances will Fenorri be liable for:
- Any loss of profits, revenues, business, data, or goodwill, whether direct or indirect, arising out of or in connection with the use, inability to use, or reliance on the Services.
- Any loss or damage caused by errors, omissions, interruptions, or delays in the Services, including those caused by technical failures, maintenance, or third-party service disruptions.
- Any unauthorized access, alteration, or destruction of your data, unless caused by Fenorri’s negligence or willful misconduct.
- Any third-party claims or disputes arising from your use of the Services or violation of these Terms.
- 11.2 Maximum Liability:
In the event that Fenorri is found liable to you for any reason, including for breach of contract, tort, or negligence, the total liability of Fenorri to you shall be limited to the greater of:
- The amount you paid for the Services during the twelve (12) months preceding the event giving rise to the claim; or
- One hundred dollars (100 USD), whichever is greater.
This limitation applies regardless of the nature of the claim, whether it arises from contract, tort, strict liability, or otherwise.
- 11.3 No Liability for User Content:
Fenorri is not responsible for any loss, damage, or corruption of your User Content, including content that you upload, store, or share through the Services. Fenorri is not liable for any loss or damage to your content, whether during transmission, storage, or otherwise.
- 11.4 Force Majeure:
Fenorri will not be liable for any failure or delay in the performance of its obligations under these Terms due to causes beyond its reasonable control, including but not limited to natural disasters, labor strikes, government actions, internet outages, or other force majeure events. In such cases, Fenorri’s performance will be excused for the duration of the event causing the delay.
- 11.5 Indemnification:
You agree to indemnify, defend, and hold harmless Fenorri, its affiliates, directors, officers, employees, agents, and licensors from and against any and all claims, damages, losses, liabilities, costs, and expenses (including legal fees) arising out of or in connection with:
- Your use of the Services.
- Your violation of these Terms, the Privacy Policy, or any applicable laws or regulations.
- Any third-party claims related to your User Content, including claims of intellectual property infringement.
- 11.6 Applicability of Limitations:
The limitations and exclusions of liability set forth in this section apply to the maximum extent permitted by law and do not limit your rights under applicable consumer protection laws or other mandatory legal rights that cannot be waived or limited by agreement.
By using the Services, you acknowledge and agree that Fenorri’s liability is limited as described in this section, and that you will not seek damages or compensation beyond the limits set forth herein.
12. Indemnification
You agree to indemnify, defend, and hold harmless Fenorri, its affiliates, directors, officers, employees, agents, partners, and licensors (collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, costs, and expenses (including reasonable attorney's fees) arising from or in connection with your use of the Services or any violation of these Terms. This indemnification obligation applies regardless of whether the claims arise out of contract, tort (including negligence), or otherwise.
- 12.1 Scope of Indemnification:
You agree to indemnify and hold the Indemnified Parties harmless from any claims, demands, suits, investigations, or proceedings arising from:
- Your Use of the Services: Any misuse or unauthorized use of the Services, including actions that result in damage to the Services, other users, or third parties.
- Violation of Terms: Any breach or alleged breach of these Terms, including any failure to comply with applicable laws or regulations.
- User Content: Any claim related to your User Content, including allegations of infringement of intellectual property rights, defamation, or violations of privacy or data protection laws.
- Third-Party Claims: Any claim by a third party arising from your actions or omissions while using the Services, including claims related to the distribution or sharing of User Content or data.
- Taxes and Fees: Any failure to pay taxes, fees, or other charges associated with your use of the Services.
- 12.2 Cooperation in Defense:
In the event of any claim subject to indemnification, you agree to cooperate with Fenorri in the defense of the claim, at your own expense. Fenorri may, at its sole discretion, control the defense and settlement of any such claim, and you agree to assist Fenorri as reasonably requested. You shall not settle or resolve any claim in a manner that imposes liability or obligations on Fenorri without its prior written consent.
- 12.3 Exclusions:
You are not required to indemnify Fenorri for claims arising solely from Fenorri’s own negligence or willful misconduct, or if the claim results from a defect or fault in the Services directly caused by Fenorri’s actions.
- 12.4 Notification of Claims:
You agree to promptly notify Fenorri of any claim, demand, or legal proceeding that could trigger your indemnification obligations under this section. Failure to promptly notify Fenorri may affect your indemnification obligations.
- 12.5 Survival of Indemnification Obligations:
Your indemnification obligations under this section will survive the termination or expiration of these Terms and your use of the Services.
By using the Services, you acknowledge and agree to indemnify and hold harmless the Indemnified Parties as described in this section and to be responsible for any claims or damages that arise from your actions or use of the Services.
13. Dispute Resolution
This section outlines the process for resolving any disputes or claims that may arise between you and Fenorri in connection with the use of the Services. By using the Services, you agree to the following procedures for resolving disputes.
- 13.1 Informal Resolution:
Before pursuing any formal legal action, you agree to attempt to resolve any disputes or claims informally by contacting Fenorri’s customer support team. You agree to provide Fenorri with written notice of the dispute, including a brief description of the issue, the parties involved, and the desired resolution. Fenorri will make reasonable efforts to respond and resolve the dispute within a reasonable timeframe.
- 13.2 Binding Arbitration:
If the dispute cannot be resolved through informal communication, you agree to resolve the dispute through binding arbitration, rather than through court proceedings, except as otherwise stated in these Terms. Arbitration will be conducted in accordance with the rules of the Hong Kong International Arbitration Centre. The decision of the arbitrator will be final and binding on both parties.
- 13.2.1 Arbitration Location: The arbitration will be conducted in the city of Hong Kong or another mutually agreed-upon location.
- 13.2.2 Arbitration Costs: The costs of arbitration, including the arbitrator’s fees, will be borne equally by both parties, except that the prevailing party may be entitled to reimbursement of their costs and attorneys' fees, as determined by the arbitrator(s).
- 13.2.3 Waiver of Class Action You agree that any arbitration will be conducted on an individual basis, and not as a class action, collective action, or representative action. You waive any right to participate in a class action or class-wide arbitration with respect to any dispute under these Terms.
- 13.3 Exceptions to Arbitration:
Notwithstanding the above, either party may seek relief in a court of competent jurisdiction in the event of:
- Any claims related to intellectual property rights, including the enforcement of patents, copyrights, trademarks, or trade secrets.
- Any claim that requires urgent or temporary relief, such as injunctive or equitable relief, to prevent irreparable harm.
In such cases, the party seeking relief may file a lawsuit in a court located in the city of Hong Kong, and both parties agree to submit to the personal jurisdiction of such courts.
- 13.4 Governing Law:
These Terms, and any dispute or claim arising from or related to the Services, will be governed by and construed in accordance with the laws of Hong Kong, without regard to its conflicts of laws principles. Any legal action or proceeding relating to the Services or these Terms shall take place exclusively in the courts located in Hong Kong, and you consent to the exclusive jurisdiction and venue of such courts.
- 13.5 Severability:
If any provision of this dispute resolution section is found to be invalid, unenforceable, or void, the remaining provisions will remain in full force and effect, and the invalid or unenforceable provision will be construed to reflect the intent of the parties to the extent possible.
- 13.6 No Jury Trial or Class Action:
You and Fenorri agree to waive any right to a jury trial or to participate in a class action or collective action. Any disputes will be resolved through individual arbitration as outlined in this section.
- 13.7 Continued Performance During Dispute:
Notwithstanding any dispute, both parties agree to continue performing their obligations under these Terms, except to the extent performance is affected by the dispute.
By using the Services, you acknowledge and agree to the dispute resolution procedures outlined in this section, including the waiver of class actions and the requirement to resolve disputes through arbitration rather than court proceedings.
14. Miscellaneous
This section includes various additional provisions that are important for the interpretation and enforcement of these Terms. These provisions apply to the relationship between you and Fenorri and clarify additional legal aspects of the agreement.
- 14.1 Entire Agreement:
These Terms, together with any other legal notices and agreements published by Fenorri on the Services, constitute the entire agreement between you and Fenorri regarding your use of the Services. This agreement supersedes any prior or contemporaneous understandings, agreements, representations, or warranties, whether oral or written, regarding the subject matter hereof.
- 14.2 Amendments:
Fenorri reserves the right to modify or amend these Terms at any time, at its sole discretion. Any changes to these Terms will be effective immediately upon posting the revised Terms on the Services or notifying you via the contact information provided by you. Your continued use of the Services after such changes constitutes your acceptance of the modified Terms. It is your responsibility to review these Terms periodically for any updates.
- 14.3 Waiver:
The failure of Fenorri to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Fenorri.
- 14.4 Severability:
If any provision of these Terms is found to be unlawful, void, or unenforceable by a court of competent jurisdiction, the remaining provisions of these Terms will remain in full force and effect. The unenforceable provision will be deemed amended to reflect the intent of the parties as closely as possible, and the remainder of the agreement will continue in full force.
- 14.5 Assignment:
You may not assign, transfer, or sublicense your rights or obligations under these Terms without the prior written consent of Fenorri. Fenorri may freely assign or transfer its rights and obligations under these Terms, in whole or in part, without restriction.
- 14.6 Relationship of the Parties:
Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship between you and Fenorri. You agree that you are an independent contractor with respect to Fenorri and that nothing in these Terms gives you any authority to bind or act on behalf of Fenorri.
- 14.7 Force Majeure:
Fenorri will not be liable for any failure or delay in performing its obligations under these Terms if such failure or delay is due to causes beyond its reasonable control, including but not limited to acts of nature, fire, flood, terrorism, war, government action, network failure, or any other event of force majeure.
- 14.8 Headings:
The section titles and headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
- 14.9 Third-Party Beneficiaries:
These Terms are for the benefit of the parties and their respective successors and permitted assigns. Except as expressly stated in these Terms, no third party shall have any rights or benefits under these Terms.
- 14.10 Notices:
Any notices or communications to be provided under these Terms should be sent via email or through any other communication method provided by Fenorri. Notices to you may be sent to the email address associated with your account or to other contact information you have provided.
- 14.11 Compliance with Laws:
You agree to comply with all applicable local, state, national, and international laws, statutes, ordinances, and regulations regarding your use of the Services. You are responsible for ensuring that your use of the Services does not violate any laws or regulations.
- 14.12 Survival:
Certain provisions of these Terms, including but not limited to provisions regarding limitations of liability, indemnification, intellectual property, and dispute resolution, will survive the termination of these Terms.
By using the Services, you agree to be bound by all the provisions set forth in these Terms, including any amendments or modifications that may be made from time to time.
15. Contact Information
If you have any questions, concerns, or feedback regarding these Terms or the Services provided by Fenorri, or if you need assistance with your account or the Services, please feel free to contact us using the following contact information:
- Customer Support:
Email: support@fenorri.com
Phone: +852 3001 1507
Address: Unit 1603, 16th Floor, The L. Plaza, 367 - 375 Queen's Road Central, Sheung Wan, Hong Kong - Business Inquiries:
Email: info@fenorri.com
Phone: +852 3001 1507
Address: Unit 1603, 16th Floor, The L. Plaza, 367 - 375 Queen's Road Central, Sheung Wan, Hong Kong - Privacy and Data Protection:
Email: support@fenorri.com
For questions regarding your privacy rights, data protection, or to make requests related to your personal information, please contact our Privacy Team at the above email address.
Fenorri values your feedback and is committed to providing you with the best possible service. We will make every effort to respond to your inquiries in a timely manner.