Terms of Use
Last Updated: July 5, 2024
These Terms of Use govern your access to and use of the services, platform, and related tools provided by Funtaberil ("we," "us," or "our") at funtaberil.biz. By accessing or using our services, you confirm that you have read, understood, and agree to be bound by these terms. If you do not agree, you must not use the services.
1. Eligibility and Account Access
You must be at least 18 years of age, or the age of legal majority in your jurisdiction, to use our services. By accepting these terms, you represent and warrant that you meet this requirement and that the information you provide during registration is accurate, current, and complete.
If you are accessing the services on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these terms. In such cases, "you" refers to that entity.
We reserve the right to suspend or terminate access to accounts that are found to be in violation of these terms, without prior notice, at our sole discretion.
2. Services Description
Funtaberil provides a digital platform focused on testing process improvement, including tools, coaching resources, structured workflows, and collaborative features designed for professional and organizational use. The services are provided on a subscription or access-based model as described at the point of purchase or registration.
We may update, modify, or discontinue features of the services at any time. We will make reasonable efforts to notify users of material changes in advance where feasible.
3. User Accounts and Responsibilities
3.1 Account Security
You are responsible for maintaining the confidentiality of your login credentials and for all activity that occurs under your account. You must notify us immediately at [email protected] if you suspect unauthorized access or a security breach related to your account.
3.2 Acceptable Use
You agree to use the services only for lawful purposes and in a manner consistent with these terms. You must not:
— Use the services to transmit, distribute, or store material that is unlawful, harmful, fraudulent, or deceptive;
— Attempt to gain unauthorized access to any part of the platform or its underlying systems;
— Introduce malware, viruses, or any code designed to disrupt or damage the services;
— Scrape, crawl, or systematically extract data from the platform without written permission;
— Impersonate another person or misrepresent your affiliation with any entity;
— Circumvent any access controls, licensing restrictions, or technical measures we have implemented;
— Resell, sublicense, or transfer your access rights to any third party unless expressly permitted.
3.3 User Content
You retain ownership of any content you submit, upload, or create through the platform. By submitting content, you grant us a limited, non-exclusive, worldwide, royalty-free license to store, display, and process that content solely to provide the services to you. We do not claim ownership over your content.
You are solely responsible for ensuring that your content does not violate the rights of any third party or any applicable law.
4. Intellectual Property
All elements of the platform, including but not limited to software, design, text, graphics, workflows, documentation, and trademarks, are the intellectual property of Funtaberil or its licensors and are protected under applicable intellectual property laws.
Nothing in these terms grants you any right to use our trademarks, trade names, logos, or other brand elements without our prior written consent. You may not copy, reproduce, modify, reverse-engineer, or create derivative works based on any part of the platform.
5. Subscriptions, Payments, and Cancellations
5.1 Fees and Billing
Certain services require payment of subscription fees as described at the time of purchase. All fees are stated in the applicable currency and are exclusive of applicable taxes unless noted. You authorize us to charge the payment method provided for all fees due under your subscription.
5.2 Renewals
Subscriptions renew automatically at the end of each billing period unless you cancel before the renewal date. It is your responsibility to manage your subscription status through your account settings.
5.3 Cancellations and Refunds
You may cancel your subscription at any time. Cancellation takes effect at the end of the current billing period. We do not provide refunds for unused portions of a subscription period unless required by applicable law or as expressly stated in a separate agreement with you.
5.4 Non-Payment
If payment is not received or a charge is declined, we reserve the right to suspend or terminate access to the services until outstanding amounts are settled.
6. Privacy and Data
Your use of the services is also governed by our Privacy Policy, which is incorporated into these terms by reference. By using the services, you consent to the collection and use of your information as described in that policy.
We implement reasonable technical and organizational measures to protect your data. However, no method of transmission or storage is completely secure, and we cannot guarantee absolute security.
7. Third-Party Services and Links
The platform may include integrations with or links to third-party tools, services, or websites. These are provided for convenience only. We do not control, endorse, or assume responsibility for any third-party content, services, or privacy practices. Your interactions with third parties are governed by their own terms and policies.
8. Disclaimers
The services are provided on an "as is" and "as available" basis without warranties of any kind, either express or implied. To the fullest extent permitted by applicable law, we disclaim all implied warranties including merchantability, fitness for a particular purpose, and non-infringement.
We do not warrant that the services will be uninterrupted, error-free, or free of harmful components. We do not guarantee any specific results from the use of the services.
9. Limitation of Liability
To the maximum extent permitted by law, Funtaberil and its directors, employees, partners, and agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or business opportunities, arising from your use of or inability to use the services.
Our total cumulative liability to you for any claim arising out of or relating to these terms or the services shall not exceed the total amount you paid to us in the twelve months preceding the event giving rise to the claim.
Some jurisdictions do not allow the exclusion or limitation of certain warranties or liabilities. In such cases, our liability is limited to the greatest extent permitted by applicable law.
10. Indemnification
You agree to indemnify, defend, and hold harmless Funtaberil and its affiliates, officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, or expenses, including reasonable legal fees, arising out of or related to your use of the services, your violation of these terms, or your violation of any rights of a third party.
11. Modifications to These Terms
We reserve the right to revise these terms at any time. When we do, we will update the "Last Updated" date at the top of this page and, where appropriate, notify you by email or through the platform. Continued use of the services after changes take effect constitutes your acceptance of the revised terms.
If you do not agree to the updated terms, you must stop using the services and may cancel your subscription before the changes take effect.
12. Termination
We may suspend or terminate your access to the services at any time, with or without cause, and with or without notice, particularly in cases of violation of these terms. Upon termination, all rights and licenses granted to you will immediately cease.
You may terminate your account at any time by contacting us or using the account deletion option in your settings. Provisions of these terms that by their nature should survive termination will remain in effect.
13. Governing Principles and Dispute Resolution
These terms are intended to be governed by principles of fairness and transparency consistent with international commercial practice. In the event of any dispute arising from or related to these terms or the services, both parties agree to first attempt resolution through good-faith negotiation.
If informal resolution is not possible, disputes may be submitted to binding arbitration conducted in English under internationally recognized arbitration rules. Nothing in this section limits either party's right to seek emergency injunctive relief before a court of competent jurisdiction.
14. Miscellaneous
14.1 Entire Agreement
These terms, together with the Privacy Policy and any other agreements expressly incorporated by reference, constitute the entire agreement between you and Funtaberil regarding the subject matter herein and supersede all prior agreements or communications.
14.2 Severability
If any provision of these terms is found to be invalid or unenforceable, that provision will be modified to the minimum extent necessary or severed, and the remaining provisions will continue in full force and effect.
14.3 Waiver
Failure to enforce any provision of these terms shall not constitute a waiver of our right to enforce that provision in the future.
14.4 Assignment
You may not assign or transfer your rights or obligations under these terms without our prior written consent. We may assign these terms or any rights hereunder without restriction.
14.5 Force Majeure
We shall not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to natural disasters, infrastructure failures, cyberattacks, or actions of third-party providers.
15. Contact Information
If you have questions, concerns, or requests related to these Terms of Use, you may contact us through the following channels:
Funtaberil
2586 NB-115, Irishtown, NB E1H 2M4, Canada
Email: [email protected]
Phone: +1 905 684 4932
Website: funtaberil.biz