Please read these Terms and Conditions carefully before using the Fundex platform operated by Fundex Inc. Your access to and use of the Service is conditioned on Your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
1. Acceptance of Terms
By accessing or using our Service you agree to be bound by these Terms. If You disagree with any part of the terms then You may not access the Service. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/or contributors of content.
2. Definitions
- Service
- refers to the Fundex website and platform accessible at usefundex.com and app.usefundex.com.
- Company
- (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Fundex Inc, 311 Post Road East 2nd Flr, Westport, CT 06880.
- You
- means the individual accessing or using the Service, or the company, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
- Account
- means a unique account created for You to access our Service or parts of our Service.
- Subscription
- means access to the Service or parts thereof on a recurring basis made available to You by the Company.
3. Use of the Service
Eligibility
You must be at least 18 years of age to use the Service. By using the Service, you represent and warrant that you are at least 18 years old and have the legal capacity to enter into these Terms.
Account Registration
When You create an account with Us, You must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of Your account.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password. You agree not to disclose Your password to any third party and to notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
Prohibited Uses
You may use our Service only for lawful purposes and in accordance with these Terms. You agree not to use the Service:
- In any way that violates any applicable national, federal, state, local or international law or regulation.
- To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, “spam”, or any other similar solicitation.
- To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity.
- To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by Us, may harm the Company or users of the Service.
4. Subscriptions and Billing
Subscription Plans
The Service is billed on a subscription basis. You will be billed in advance on a recurring and periodic basis (such as monthly or annually), depending on the type of subscription plan you select when purchasing the Subscription.
At the end of each billing cycle, your Subscription will automatically renew under the exact same conditions unless You cancel it or the Company cancels it.
Fee Changes
The Company, in its sole discretion and at any time, may modify the Subscription fees. Any Subscription fee change will become effective at the end of the then-current billing cycle. The Company will provide You with reasonable prior notice of any change in Subscription fees to give You an opportunity to terminate Your Subscription before such change becomes effective.
Refunds
Except when required by law, paid Subscription fees are non-refundable. Certain refund requests for Subscriptions may be considered by the Company on a case-by-case basis and granted in the sole discretion of the Company.
5. Intellectual Property
The Service and its original content, features, and functionality are and will remain the exclusive property of Fundex Inc and its licensors. The Service is protected by copyright, trademark, and other laws of both the United States and foreign countries. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the Company.
6. Data and Privacy
Your use of the Service is also governed by our Privacy Policy. Please review our Privacy Policy, which is incorporated into these Terms by reference. By using the Service, you consent to the data practices described in our Privacy Policy.
You retain all rights to data you upload to the Service. You grant the Company a limited license to use that data solely to provide the Service to You. The Company will not sell or share your data with third parties except as described in our Privacy Policy.
7. Disclaimer of Warranties
The Service is provided “AS IS” and “AS AVAILABLE” without any warranties of any kind, either express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, or non-infringement.
The Company does not warrant that the Service will be uninterrupted or error-free, that defects will be corrected, or that the Service or the server that makes it available are free of viruses or other harmful components.
8. Limitation of Liability
To the fullest extent permitted by law, in no event shall the Company, its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from:
- Your access to or use of (or inability to access or use) the Service;
- Any conduct or content of any third party on the Service;
- Any content obtained from the Service;
- Unauthorized access, use or alteration of Your transmissions or content.
9. Governing Law
These Terms shall be governed and construed in accordance with the laws of Connecticut, United States, without regard to its conflict of law provisions. Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights.
10. Changes to Terms
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will try to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.
11. Contact Us
If you have any questions about these Terms and Conditions, You can contact us by email: info@usefundex.com