Terms Of Use

welcome to https //app fidelio cards https //app fidelio cards/ (together with any related websites, the “site”) the site is owned and operated by fidelio cards, inc (“fidelio cards”) please read these terms of use (“terms”) carefully before using the site by accessing or using the site or any of the content on the site you agree to be legally bound by these terms if you do not accept these terms, do not use the site or any of its content (defined below) you represent to fidelio cards that you are lawfully able to enter into contracts (e g , you are not a minor) if you are entering into these terms for an entity, such as the company you work for, you represent that you have authority to bind that entity and you agree that “you” as used in these terms includes both you personally and the entity you represent you and fidelio cards are collectively referred to as the “parties” and each is a “party” 1\ subscription agreement these terms do not govern the use of the digital customer loyalty program service as well as other services (the “service”) operated by fidelio cards if you are accessing or using the service, then you are subject to fidelio cards’s subscription agreement (currently available at https //legal fidelio cards/subscription agreement https //legal fidelio cards/subscription agreement , or such other written contract as may be separately agreed and signed between you and fidelio cards 2\ fidelio cards content the site contains html, applications, messages, text, files, images, photos, video, sounds, profiles, works of authorship and other content (collectively, “content”) of fidelio cards or its licensors (“fidelio cards content”) the site (including the fidelio cards content) is protected by copyright, trademark, trade secret and other laws; and as between you and fidelio cards, fidelio cards owns and retains all rights in the site and the fidelio cards content fidelio cards hereby grants to you a limited, revocable, non sublicensable license to access, display and perform the fidelio cards content (excluding any computer code) solely for your personal, non commercial use and solely as necessary to access and use the site except as expressly permitted by fidelio cards in these terms or on the site, you may not copy, download, stream, capture, reproduce, duplicate, archive, upload, modify, translate, create derivative works based upon, publish, broadcast, transmit, retransmit, distribute, perform, display, sell or otherwise use or transfer any fidelio cards content you may not, either directly or through the use of any device, software, online resource or other means, remove, alter, bypass, avoid, interfere with or circumvent any copyright, trademark or other proprietary notice on the fidelio cards content or any digital rights management mechanism, device, or other content protection or access control measure associated with the fidelio cards content 3\ trademarks the trademarks, logos and service marks (“marks”) displayed on the site are the property of fidelio cards or other third parties you are not permitted to use these marks without the prior written consent of fidelio cards or such third party 4\ third party services the site may make available, or third parties may provide, links to other websites, applications, resources, advertisements, content or other products or services created, hosted or made available by third parties (“third party services”), and such third parties may use other third parties to provide portions of the third party service to you, such as technology, development or payment services when you access or use a third party service, you are interacting with the applicable third party, not with fidelio cards, and you do so at your own risk fidelio cards is not responsible for, and makes no warranties, express or implied, as to, the third party services or the providers of such third party services (including without limitation the accuracy or completeness of the information provided by such third party service or the privacy practices of any third party) inclusion of any third party service or a link thereto on the site does not imply approval or endorsement of such third party service fidelio cards is not responsible or liable for the content or practices of any third party service or third party, even if such third party service links to, or is linked by, the site 5\ privacy please review fidelio cards’s privacy policy for the site (“privacy policy”), available at https //legal fidelio cards/privacy policy https //app fidelio cards/promo/gdpr/privacy policy , to learn about fidelio cards’s information collection, usage and disclosures practices with respect to information collected by fidelio cards through the site 6\ acceptable use your use of the site is subject to fidelio cards’s acceptable use policy available https //legal fidelio cards/acceptable use policy https //app fidelio cards/promo/gdpr/acceptable use policy fidelio cards is not responsible or liable for any user content or conduct on the site if you become aware of any misuse of the site, please report such misuse immediately to fidelio cards at hello\@fidelio cards 7\ compliance with laws you represent that, in agreeing to, and performing under, these terms, you are not violating, and will not violate, any governmental laws, rules, regulations or orders that are applicable to your use of the site (“applicable laws”) without limiting the foregoing, you represent that, in connection with your performance under these terms, you shall (a) comply with applicable laws relating to anti bribery and anti corruption, which may include the us foreign corrupt practices act of 1977 and the uk bribery act 2010; (b) comply with applicable laws administered by the u s commerce bureau of industry and security, u s treasury office of foreign assets control or other governmental entity imposing export controls and trade sanctions (“export laws”), including designating countries, entities and persons (“sanctions targets”); and (c) not directly or indirectly export, re export or otherwise deliver any fidelio cards software, content or services to a sanctions target, or broker, finance or otherwise facilitate any transaction in violation of any export laws you represent that you are not a sanctions target or prohibited from receiving fidelio cards software, content or services pursuant to these terms under applicable laws, including export laws 8\ global availability fidelio cards controls the site from delaware, usa offices if you use this website from other locations, you are responsible for compliance with local applicable laws fidelio cards makes no representation that the products and services referenced herein are appropriate, or available, worldwide 9\ indemnity you agree to defend, indemnify and hold harmless fidelio cards, its affiliates and their respective employees, contractors, agents, officers and directors from and against any and all claims, damages, obligations, losses, liabilities, costs, debt or expenses (including without limitation attorneys’ fees) arising out of or related to any claim, suit, action or proceeding by a third party arising out of or relating to your use of the site, breach of these terms (including any fidelio cards policy referenced in these terms), violation of law, or any content that you post, upload or cause to interface with the site, or otherwise transfer, process, use or store in connection with the site 10\ disclaimers the site and all content and other items made available by fidelio cards are provided on an “as is” and “as available” basis without warranties of any kind, whether express, implied, statutory, or otherwise, including any implied warranty of title, merchantability, fitness for a particular purpose, or non infringement, to the maximum extent permitted by applicable law fidelio cards assumes no liability or responsibility for any (i) errors, mistakes or inaccuracies of data or information posted, displayed, published or made available for download or use on the site, (ii) personal injury or property damage, of any nature whatsoever, resulting from use of the site, (iii) any interruption or cessation of transmission to or from the site, or (iv) the defamatory, offensive or illegal conduct of any third party not under fidelio cards’s control 11\ limitation of liability to the fullest extent permitted by applicable law (a) in no event shall fidelio cards, its affiliates or their respective employees, contractors, agents, officers or directors be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for business interruption, loss of profits, goodwill, use, data or other intangible losses arising out of or relating to the site; and (b) in no event shall fidelio cards’s cumulative and aggregate liability under these terms exceed two hundred u s dollars the exclusions and limitations in this section apply whether the alleged liability is based on contract, tort, negligence, strict liability or any other basis, even if you have been advised of the possibility of such damage 12\ responsibility for end users you are responsible for violations of these terms by anyone using the site with your permission or using your account on an unauthorized basis your use of the site to assist another person in an activity that would violate these terms if performed by you is a violation of these terms these terms applies to anyone accessing or using the site; however, each provision in these terms shall be interpreted to include, and apply to, any action directly or indirectly taken, authorized, facilitated, promoted, encouraged or permitted by a user of the site, even if such person did not themselves violate the provision 13\ termination and monitoring 13 1 if you violate these terms, fidelio cards may suspend or terminate your use of the site fidelio cards’s right to suspend or terminate your use of site applies even if a breach is committed unintentionally or without your authorization if fidelio cards believes that suspension or termination is necessary to ensure compliance with applicable laws or to protect the rights, safety, privacy, security or property of fidelio cards, its customers or third parties 13 2 fidelio cards reserves the right, but does not assume the obligation, to investigate any violation of these terms or misuse of the site fidelio cards has the right in its sole discretion to edit, refuse to post or remove any content posted, displayed, published or made available for download or use on the site that fidelio cards finds to be in violation of these terms fidelio cards may report any activity that it suspects violates any law or regulation to appropriate law enforcement officials, regulators, or other appropriate third parties such reporting may include disclosing appropriate customer data fidelio cards also may cooperate with appropriate law enforcement agencies, regulators, or other appropriate third parties to help with the investigation and prosecution of illegal conduct by providing network and systems information related to alleged violations 14\ electronic communications when you visit the site or send emails to fidelio cards, you are communicating with fidelio cards electronically; and you consent to receive communications from fidelio cards electronically fidelio cards will communicate with you by email or by posting notices on the site you agree that all agreements, notices, disclosures and other communications that fidelio cards provides to you electronically satisfy any legal requirement that such communications be in writing 15\ modifications fidelio cards may modify these terms at any time by posting a revised version on the site by accessing the site, you agree to the latest version of these terms 16\ governing law this agreement will be interpreted, construed and enforced in all respects in accordance with the laws of the state of delaware, without reference to its choice of law principles any legal action or proceeding arising under or relating to this agreement shall be brought exclusively in the state or federal courts located in new castlew county, state of delaware, usa, and the parties expressly consent to personal jurisdiction and venue in those courts 17\ miscellaneous these terms constitute the complete and exclusive statement of the agreement between the parties and supersede all proposals, oral or written, and all other communications between the parties relating to the subject matter of these terms in the event any information posted on the site from time to time conflicts with any provision of these terms, the applicable provision of these terms shall control any terms and conditions of any other instrument issued by you in connection with these terms which are in addition to, inconsistent with or different from these terms shall be of no force or effect these terms do not, and shall not be construed to, create any partnership, joint venture, employer employee, agency or franchisor franchisee relationship between you and fidelio cards you may not assign, transfer or sublicense all or any of your rights or obligations under these terms without fidelio cards’s express prior written consent fidelio cards may assign, transfer or sublicense all or any of fidelio cards’s rights or obligations under these terms without restriction the failure of fidelio cards to exercise or enforce any condition, term or provision of these terms will not operate as a waiver of such condition, term or provision any waiver by fidelio cards of any condition, term or provision of these terms shall not be construed as a waiver of any other condition, term or provision if any provision of these terms is held invalid or unenforceable, the remainder of these terms shall continue in full force and effect you agree that a printed version of these terms and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form fidelio cards will not be responsible for failures to fulfill any obligations due to causes beyond its control non english translations of these terms are provided for convenience only in the event of any ambiguity or conflict between translations, the english version is authoritative and controls 18\ contact please contact fidelio cards at hello\@fidelio cards with any questions regarding these terms