Terms of Service
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1. Your Acceptance
By using or visiting the fixED Development website or any of our products, software, mobile applications, and services (together, the "Services"), you agree to these Terms of Service. If you do not agree, please do not use the Services. The Services are provided on an "AS IS" and "AS AVAILABLE" basis, and we may modify, suspend, or discontinue any part of them at any time without notice.
2. The Services
These Terms apply to all users of the Services. "Content" includes text, software, graphics, photos, audio, video, and other materials available in or contributed to the Services. The Services may contain links to third-party websites (including advertisers) that we do not control and are not responsible for. We encourage you to review the terms and privacy policies of any third-party site you visit.
3. Accounts
Some features may require an account. You must provide accurate information, keep your credentials secure, and not use another person's account without permission. You are responsible for activity on your account and must notify us of any unauthorized use.
4. Purchases & Subscriptions
Some apps offer paid features, subscriptions, or one-time purchases. These are processed through the Apple App Store, and payment, renewal, and cancellation are handled by Apple under the App Store terms. Prices and available plans may vary by region and are shown in the app before purchase. Except where required by law or the App Store's policies, fees are non-refundable. Subscriptions renew automatically unless cancelled at least 24 hours before the end of the current period; you can manage or cancel in your device's account settings.
5. Acceptable Use
We grant you permission to access and use the Services, provided that you:
- Do not distribute, alter, or modify any part of the Services without our written authorization.
- Do not access the Services through automated systems (bots, scrapers) beyond what a normal user would.
- Do not collect or harvest personal information from the Services.
- Comply with all applicable laws in your use of the Services.
You agree not to create, upload, or transmit Content that, in our sole discretion, is unlawful, offensive, or harmful, including Content that:
- Infringes any third-party right, including copyright, trademark, patent, trade secret, design, moral, privacy, or publicity rights, or promotes such infringement.
- Contains software viruses, malware, or any code designed to interrupt, destroy, or limit the functionality of any software, hardware, or telecommunications equipment.
- Is defamatory, libelous, false, or misleading, or that you know to be false or illegal.
- Is harassing, threatening, abusive, stalking, or promotes violence, racism, hatred, or discrimination against any group or individual.
- Violates the privacy of others, including posting another person's photograph or personal information without consent.
- Solicits information from, or is directed to, anyone under the age of 18.
- Is pornographic, sexually explicit, or contains nudity.
- Relates to illegal substances or restricted articles (such as cannabis or CBD where prohibited, or fireworks), or to prescription drugs that require a prescription.
- Promotes gambling (such as casino or gambling apps and websites).
- Promotes high-risk financial services (such as payday or short-term high-interest loans, third-party or student loans, or cryptocurrency schemes), debt collection or forgiveness services, third-party lead generation, or "get rich quick" schemes.
- Constitutes "S.H.A.F.T." content (sex, hate, alcohol, firearms, tobacco).
In your use of the Services, you will comply with all applicable laws.
6. Your Content
You retain ownership of Content you create. By submitting Content to the Services, you grant us a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, and display it solely as needed to operate, provide, and improve the Services. This license terminates within a commercially reasonable time after you remove or delete your Content, except that we may retain (but not display or distribute) server or backup copies as required for legal, security, or technical purposes. You represent that you have the rights necessary to submit your Content, and you are solely responsible for your Content and its consequences.
7. Intellectual Property
All brand, product, and service names, designs, text, images, logos, and code in the Services are the property of fixED Development or its licensors and are protected by intellectual property laws. Nothing in these Terms grants you a license to use them without our prior written consent.
8. AI Features
Certain features use third-party AI services to generate content from inputs you provide. AI-generated output may be imprecise and is provided for your personal use; you are responsible for reviewing it before relying on it. Health, wellness, and pregnancy-related content in our apps is for informational purposes only and is not medical advice. See our AI Privacy Policy for how data is handled.
9. Termination
We may suspend or terminate your access to the Services at any time, without notice, if we determine you have violated these Terms.
10. Analytics & Advertising
We may use analytics and, where applicable, advertising services (such as Firebase and, subject to your consent, advertising and attribution partners) to understand usage and improve the Services. See our Privacy Policy for details and your choices.
11. Warranty Disclaimer
TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE, OR THAT ANY CONTENT IS ACCURATE OR COMPLETE.
12. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, fixED DEVELOPMENT AND ITS OWNERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES ARISING FROM YOUR USE OF THE SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY.
13. Indemnity
To the extent permitted by law, you agree to indemnify and hold harmless fixED Development and its owners, employees, and agents from any claims, damages, losses, and expenses (including reasonable legal fees) arising from your use of the Services, your violation of these Terms, or your violation of any third-party right.
14. Eligibility
You affirm that you are at least 18 years of age, or an emancipated minor, or have the consent of a parent or legal guardian, and are able to enter into these Terms.
15. Assignment
You may not transfer or assign these Terms or any rights granted under them. We may assign them without restriction.
16. Governing Law
These Terms are governed by the laws of the Republic of Armenia, without regard to conflict-of-laws principles. Any dispute arising from the Services shall be resolved by the competent courts of that jurisdiction, unless applicable law requires otherwise.
17. Time Limit on Claims
To the fullest extent permitted by applicable law, you agree that any claim or cause of action arising out of or related to the Services must be commenced within one (1) year after the cause of action accrues; otherwise, such claim or cause of action is permanently barred.
18. General
These Terms constitute the entire agreement between you and us regarding the Services. If any provision is found invalid, the remaining provisions remain in effect. Our failure to enforce any right is not a waiver. We may amend these Terms at any time; your continued use after changes signifies acceptance.
19. Contact
For questions about these Terms, contact us at support@fixed-development.com.
