Fambit Terms of Service

By registering to Fambit service (later ”Service”) provided by Familiq Oy (later ”Familiq”) you agree to be bound to these terms (later “Terms”).

Generic

The Service is designed to improve communication and life-management between members of the same family. In the Service, you interact with other members of your family account. Family members are invited to the family account by one of the adult members of the family, details below.

The Service can be used on the web or on mobile phone. On mobile, some features of the Service can be accessed through SMS or MMS (text message or multimedia message) whereas some features require data connection, see details in the service description.

Registering to the Service and using the basic features of the Service is free of charge. The Service contains optional features that are chargeable, see separate section.

You are solely responsible for your interactions with the other Users of the family account.

You are liable for indemnifying Familiq for all damages arising out of your actions or omissions in breach of these Terms.

You may not use the Service for any illegal or unauthorized purpose. You agree to comply with local laws that may be applicable to your conduct and acceptable content. Familiq reserves the right to terminate your account if we suspect illegal or unauthorized use of Service.

By registering to the Service you accept ('opt-in') that Familiq may send you in the future targeted communication and marketing messages. Should you not wish to receive such messages, you can prohibit it by notifying Familiq of your prohibition ('opt-out') by contacting Familiq at opt-out@fambit.com.

Roles of Users

User

When a visitor of the web site of the Service is registered to the Service, he/she becomes a user of the Service (later “User” or “Users”). A User has his/her individual username and password to access the Service. As the default, a User of 13 years or more has full rights to Service features, including access to his/her own settings and can e.g. change the individual password.

Admin

Admin user (“Admin”) is a User with extended rights. An Admin has the access to the family settings and settings of other Users in the same family account. Admin can register other Users to the family account. There are one or several Admins in the Service. In the Service settings, an Admin may set the role of another User or Users to the Admin role. The User who registers a new family into the Service becomes automatically an Admin. When registering a new family account in the role of Admin user, you represent that you are at least 18 years of age.

Simplified functionality for minors

As the default, the set of functionalities in the Service is simplified for smaller children less than 13 yrs old: no access to own settings nor access to chargeable features. Admin may change this within the Service settings. Pets can be registered to the family account. The virtual identity of a pet can be taken by any User in the family account. Pet has always simplified functionality in the Service.

Minors and their legal guardians

If you use the Service to register a child under 18 years of age, you guarantee to be the legal guardian of the child and give him/her the permission to use the Service, including the chargeable features. In case you are not at least 18 years of age, you represent that you have been invited to use the Service by your legal guardian.

Content

User Content is the information you create by using the Service (text, images, lists, events). You represent that the User Content does not infringe intellectual property rights (such as copyrights or trademarks), or any other legal or moral rights of any third party.

Regarding the provisions of User Content and personal User data, please review the separate Privacy Policy document of the Service.

Optional features, Fambit Plus

Generic about Fambit Plus

Subscription based Fambit Plus features are optional and chargeable (for example Mobile Reminder and Familyfinder features). Once subscribed, the feature is useable for all Users within the same family account. In purchasing such a subscription based service, you grant to other Users of your family account the permission to use that Fambit Plus feature. By default but adjustable by the Admin, smaller children do not have access to subscribe nor use the Fambit Plus features.

The subscription can be unsubscribed at any time on the web site of the Service. Familiq does not refund the amount already paid. In connection with recurring billing of the subscription fee, your credit card will continue to be billed the applicable fee. If Familiq or the payment processor is unable to process your credit card payment, your subscription to that Fambit Plus feature will be terminated.

Subscription based Fambit Plus features are delivered for reasonable use of the feature (e.g. number of messages or queries per month), details on the Fambit Plus section of the Service. If the use exceeds the reasonable level, Familiq has the right to suspend temporarily the use of that feature. In providing Fambit Plus features and in processing of the payment, Familiq relies on third party providers, partners and contractors. Familiq makes its utmost to ensure a successful purchase and delivery but cannot guarantee that. In case of complaints regarding an unsuccessful purchase or delivery, please contact: support@fambit.com.

Familiq may in the future offer possibility of purchasing digital items in the Service. Your only remedy in case of unsuccessful purchase or delivery shall be the reimbursement of the payment (if any) made by you. Familiq may instead of reimbursement decide at its sole discretion to provide you with a similar or comparable digital item with a value at least equal to the amount paid by you.

There are no returns or cancellations for any digital items purchased by you from Familiq after such items have been delivered to you successfully, but all purchases are final.

Familyfinder

Familyfinder is one of the optional Fambit Plus features. Familyfinder is aimed to locate children or other members of the family who have a mobile phone. Upon subscribing the Familyfinder, you as the legal guardian of the children give the other Users of your family account the permission to locate your kids by using the Service. For privacy reasons, a separate permission is requested on the mobile phone from the User for the location before the location is allowed. The permission can always be withdrawn. In case of the Familyfinder, the location information is provided by partner companies. The availability and accuracy of the location information can not be guaranteed.

Privacy Policy

Please see the full privacy policy at Privacy Policy. . By agreeing these Terms you agree to the Privacy Policy as well.

License

Familiq hereby grants you a limited, personal, non-commercial, non-exclusive, non-sublicensable, non-assignable, free of charge license to use the Service for your personal, non-commercial use.

Proprietary rights

The title, copyright and other intellectual property rights in and to the Service, and trademark of Fambit and Familiq are owned by and belong to Familiq Oy, Hiilikatu 3, Helsinki Finland, company registration number 2259642-3.

Limitations of Liability

THE SERVICE IS PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FAMILIQ DOES NOT WARRANT THAT THE SERVICE IS ERROR-FREE. FAMILIQ SHALL NOT BE LIABLE FOR ANY LOSS OR DAMAGE, WHETHER DIRECT, INDIRECT, SPECIAL, CONSEQUENTIAL OR EXEMPLARY, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THE SERVICE TO THE GREATEST EXTENT PERMITTED BY LAW.

Applicable law

These Terms shall be governed by the laws of Finland, excluding its choice of law rules. All disputes relating to the Service or these Terms shall be settled in the first instance in the District Court of Helsinki.

Change of these Terms

Familiq may occasionally update these Terms. When we do so, we will also revise the ”last update” date and, in case of material update, attempt to notify Users also by email.

In case you are willing to continue using the Service after the changes have been made, you shall be deemed to have accepted the changed Terms. It is your responsibility to regularly check this web site to review any changes that may have been made to these Terms.

(updated: 13.4.2010)

 
 
 

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