Terms of Use
Please read these terms of use (“agreement”) carefully before using the services offered by Fiona AI (“Fiona”). By visiting the website and/or mobile app or using the services in any manner, you agree that you have read, understood and agree and accept to be bound by and a party to the terms and conditions of this agreement to the exclusion of all other terms. If the terms of this agreement are considered an offer, acceptance is expressly limited to such terms. you do not unconditionally agree to all the terms and conditions of this agreement, you have no right to use the apps or services. Use of Fiona's services is expressly conditioned upon your assent to all the terms and conditions of this agreement, to the exclusion of all other terms. If you do not agree to these terms of service, please do not use this website or the app.
Who can use
Fiona does not knowingly collect or solicit personal information from anyone under the age of 13 or knowingly allow such persons to register for the Services. If you are under 13, please do not attempt to register for the Services or send any information about yourself to us, including your name, address, telephone number, or email address. No one under age 13 may provide any personal information to Fiona or on the Services. In the event that we learn that we have collected personal information from a child under age 13 without verification of parental consent, we will delete that information as quickly as possible. If you believe that we might have any information from or about a child under 13, please contact us at [email protected]. You represent and warrant to Fiona that: (i) you are of legal age and you can form a binding contract with us and you are not prohibited by law from accessing or using the services; (ii) all registration information you submit is accurate and truthful; and (iii) you will maintain the accuracy of such information. You also certify that you are legally permitted to use and access the Services and take full responsibility for the selection and use of and access to the Services. This Agreement is void where prohibited by law, and the right to access the Services is revoked in such jurisdictions.
Placing Orders for Goods
By placing an Order for Goods through the Service, You warrant that You are legally capable of entering into binding contracts.
Your Information
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information. You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete. By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
Order Cancellation
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Availability, Errors and Inaccuracies
We are constantly updating Our offerings of Goods on the Service. The Goods available on Our Service may be mispriced, described inaccurately, or unavailable, and We may experience delays in updating information regarding our Goods on the Service and in Our advertising on other websites. We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
Prices Policy
The Fiona reserves the right to revise its prices at any time prior to accepting an Order. The prices quoted may be revised by the Fiona subsequent to accepting an Order in the event of any occurrence affecting delivery caused by government action, variation in customs duties, increased shipping charges, higher foreign exchange costs and any other matter beyond the control of the Fiona. In that event, You will have the right to cancel Your Order.
Payments
Payment can be made through a valid card (credit cards or debit cards) and are subject to validation checks and authorization by Your card issuer. If we do not receive the required authorization, We will not be liable for any delay or non-delivery of Your Order.
Subscriptions
Subscription period
The Service or some parts of the Service are available only with a paid Subscription. You will be billed in advance on a recurring and periodic basis either monthly or yearly, depending on the type of Subscription plan you select when purchasing the Subscription. At the end of each period, Your Subscription will automatically renew under the exact same conditions unless You cancel it or the Fiona cancels it.
Subscription cancellations
You may cancel Your Subscription renewal by contacting us at [email protected] or cancel on the dashboard. You will not receive a refund for the fees You already paid for Your current Subscription period and You will be able to access the Service until the end of Your current subscription period.
Billing
You shall provide the Fiona with accurate and complete billing information including full name, address, state, zip code, telephone number, and a valid payment method information. Should automatic billing fail to occur for any reason, the Fiona will issue an electronic invoice indicating that you must proceed manually, within a certain deadline date, with the full payment corresponding to the billing period as indicated on the invoice.
Fee Changes
The Fiona, 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 Subscription period. The Fiona 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. Your continued use of the Service after the Subscription fee change comes into effect constitutes Your agreement to pay the modified Subscription fee amount.
Refunds
Certain refund requests for Subscriptions may be considered by the Fiona on a case-by-case basis and granted at the sole discretion of the Fiona.
SUBSCRIPTION FEES AND TRIAL PERIOD
Paid Accounts. You can upgrade your free account to access paid features, which will automatically convert your free account into a 'paid account'. Your paid account will remain effective until it is cancelled or terminated under this Agreement, in which case your account will revert back to a free account. When you upgrade to a paid account, we will automatically bill you from the date you converted your account to a paid account and on each periodic renewal (whether it be monthly or annually). If you cancel your paid account, the cancellation will take effect the day after the last day of the current subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods. You are responsible for all applicable taxes, and we will charge tax when required. We may change the fees applicable to a paid account but will give you advance notice before those changes take effect and any price change will apply to your next billing cycle. You can cancel your paid account at any time via your account page in the Software, which can be accessed at https://fionaai.com/billing.
Automatic Billing Cycles. To ensure uninterrupted services, all subscriptions to Fiona AI (including all paid accounts) are renewed automatically using the credit card we have on file. All of our subscriptions are renewed at the standard subscription rate when the current subscription term ends. If you don't cancel your Subscription, you are authorized to automatically charge you the agreed price each month until you cancel the Subscription.
Renewal and Cancellation. Your applicable payment will automatically renew at the end of the applicable Subscription period, unless you cancel your Subscription before the end of the then-current Subscription period. You may cancel your Subscription at anytime via your billing page in the Software which can be accessed at https://fionaai.com/billing. The cancellation will take effect the day after the last day of the current Subscription period, and you will be downgraded to the free version of the Service. We do not provide refunds or credits for any partial subscription periods.
Subscription Fees. In consideration for the Services, you will have to pay the applicable, non-refundable subscription fees set forth in the Subscription Plan (“Subscription Fees”) at such times and for such periods as set forth therein. Your payment may be processed through a third party payment processing service, and additional terms may apply to such payments. We reserve the right to use other third party payment processing services for such purposes in the future. Unless otherwise stated in the Subscription Plan, all amounts payable under this Agreement are non-refundable, non-cancellable, and exclusive of all sales, use, value-added, withholding, and other direct or indirect taxes, charges, levies and duties. For all versions of the Services, we reserve the right in the future to charge a fee for features and/or uses which are currently made available free of charge. Any failure to pay applicable charges may result in you not having access to some or all of the Services.
Trial period. Fiona AI may offer a free trial period for evaluation purposes during the applicable trial period (“Trial Period”) prior to charging for the Subscription Fees. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THIS AGREEMENT, TO THE MAXIMUM PERMITTED BY Fiona AI AND Fiona AI AFFILIATES WILL HAVE NO WARRANTY, INDEMNITY, SUPPORT, OR OTHER OBLIGATIONS OR LIABILITIES WHATSOEVER, WITH RESPECT TO TRIAL PERIODS, AND Fiona AI HAS THE RIGHT TO TERMINATE A TRIAL PERIOD AT ANY TIME AND FOR ANY REASON.
Promotions
Any Promotions made available through the Service may be governed by rules that are separate from these Terms. If You participate in any Promotions, please review the applicable rules as well as our Privacy policy. If the rules for a Promotion conflict with these Terms, the Promotion rules will apply.
User Accounts
When You create an account with Us, You must provide Us 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 on Our Service. You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Social Media Service. You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account. You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene. We only permit one account per user and if you try to create multiple accounts or violate our fair usage policy, we reserve the right to remove your data and ban & restrict your access to our service.
Content
Your Right to Create or Post Content
Our Service allows You to generate and post Content. You are responsible for the Content that You generate using the AI Service, including its legality, reliability, and appropriateness. By generating and posting Content to the Service, You grant Us the right and license to use, modify, publicly perform, publicly display, reproduce, and distribute such Content on and through the Service. You retain any and all of Your rights to any Content You create, post, or display on or through the Service and You are responsible for protecting those rights. You agree that this license includes the right for Us to make Your Content available to other users of the Service, who may also use Your Content subject to these Terms. You represent and warrant that: (i) the Content is Yours (You own it) or You have the right to use it and grant Us the rights and license as provided in these Terms, and (ii) the posting of Your Content on or through the Service does not violate the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person.
Content Restrictions
The Fiona is not responsible for the content of the Service's users. You expressly understand and agree that You are solely responsible for the Content and for all activity that occurs under your account, whether done so by You or any third person using Your account. You may not generate or transmit any Content that is unlawful, offensive, upsetting, intended to disgust, threatening, libelous, defamatory, obscene or otherwise objectionable. Examples of such objectionable Content include, but are not limited to, the following:
- Unlawful or promoting unlawful activity.
- Automated article spinning & bot-like content generation
- Defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups.
- Restricted verticals such as substance/drugs use, adult services, etc.
- Spam, machine – or randomly-generated, constituting unauthorized or unsolicited advertising, chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling.
- Containing or installing any viruses, worms, malware, trojan horses, or other content that is designed or intended to disrupt, damage, or limit the functioning of any software, hardware or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of a third person.
- Infringing on any proprietary rights of any party, including patent, trademark, trade secret, copyright, right of publicity or other rights.
- Impersonating any person or entity including the Fiona and its employees or representatives.
- Violating the privacy of any third person.
- False information and features.
The Fiona reserves the right, but not the obligation, to, in its sole discretion, determine whether or not any Content or use of app is appropriate and complies with this Terms, refuse or remove this Content. The Fiona further reserves the right to make formatting and edits and change the manner any Content. The Fiona can also limit or revoke the use of the Service if You post such objectionable Content. As the Fiona cannot control all content posted by users and/or third parties on the Service, you agree to use the Service at your own risk. You understand that by using the Service You may be exposed to content that You may find offensive, indecent, incorrect or objectionable, and You agree that under no circumstances will the Fiona be liable in any way for any content, including any errors or omissions in any content, or any loss or damage of any kind incurred as a result of your use of any content. You are responsible for all of your activity in connection with the Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for termination of your right to access or use the Services. You may not post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any other user of the Services. Use of the Services to violate the security of any computer network, crack passwords or security encryption codes, transfer or store illegal material (including material that may be considered threatening or obscene), or engage in any kind of illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of auto-responder, or “spam” on the Services, or any processes that run or are activated while you are not logged on to the Services, or that otherwise interfere with the proper working of or place an unreasonable load on the Services’ infrastructure. Further, the use of manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any portion of the Services is strictly prohibited. You will not decompile, reverse engineer, or otherwise attempt to obtain the source code of the Services. You will be responsible for withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
Content Backups
Although regular backups of Content are performed, the Fiona do not guarantee there will be no loss or corruption of data. Corrupt or invalid backup points may be caused by, without limitation, Content that is corrupted prior to being backed up or that changes during the time a backup is performed. The Fiona will provide support and attempt to troubleshoot any known or discovered issues that may affect the backups of Content. But You acknowledge that the Fiona has no liability related to the integrity of Content or the failure to successfully restore Content to a usable state. You agree to maintain a complete and accurate copy of any Content in a location independent of the Service.
Copyright Policy
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person. If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at [email protected] and include in Your notice a detailed description of the alleged infringement. You may be held accountable for damages (including costs and attorneys' fees) for misrepresenting that any Content is infringing Your copyright.
Fiona has adopted the following general policy toward copyright infringement in accordance with the Digital Millennium Copyright Act or DMCA. The address of Fiona’s Designated Agent to Receive Notification of Claimed Infringement (“Designated Agent”) is listed at the end of this Section. It is Fiona’s policy to (1) block access to or remove material that it believes in good faith to be copyrighted material that has been illegally copied and distributed by any of our advertisers, affiliates, content providers, members or users; and (2) remove and discontinue service to repeat offenders.
A. Procedure for Reporting Copyright Infringements:
- 1. A physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed;
- 2. Identification of works or materials being infringed;
- 3. Identification of the material that is claimed to be infringing including information regarding the location of the infringing materials that the copyright owner seeks to have removed, with sufficient detail so that Fiona is capable of finding and verifying its existence;
- 4. Contact information about the notifier including address, telephone number and, if available, email address;
- 5. A statement that the notifier has a good faith belief that the material identified in (3) is not authorized by the copyright owner, its agent, or the law; and
- 6. A statement made under penalty of perjury that the information provided is accurate and the notifying party is authorized to make the complaint on behalf of the copyright owner.
B. Once Proper Bona Fide Infringement Notification is Received by the Designated Agent:
- 7. To remove or disable access to the infringing material;
- 8. To notify the content provider, member or user that it has removed or disabled access to the material; and
- 9. That repeat offenders will have the infringing material removed from the system and that Fiona will terminate such content provider’s, member’s or user’s access to the Services.
C. Procedure to Supply a Counter-Notice to the Designated Agent:
- 10. A physical or electronic signature of the content provider, member or user;
- 11. Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or disabled;
- 12. A statement that the content provider, member or user has a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material; and
- 13. Content provider’s, member’s or user’s name, address, telephone number, and, if available, email address, and a statement that such person or entity consents to the jurisdiction of the Federal Court for the judicial district in which the content provider’s, member’s or user’s address is located, or, if the content provider’s, member’s or user’s address is located outside the United States, for any judicial district in which Fiona is located, and that such person or entity will accept service of process from the person who provided notification of the alleged infringement.