DRAFT — this document is placeholder boilerplate pending review by legal counsel. Do not treat as final or binding until reviewed and approved.
Terms and Conditions
1. Acceptance of Terms
These Terms and Conditions ("Terms") govern your access to and use of the Fiercely Clienteling application, website, and related services (collectively, the "Service"), provided by Fierce Entertainment Inc. ("Fierce," "we," "us," or "our"). By creating an account, accessing, or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.
2. Description of Service
Fiercely Clienteling is a clienteling platform that helps retail associates and businesses manage customer relationships, communications, and outreach.
3. Eligibility and Accounts
You must be at least 18 years old, or the age of majority in your jurisdiction, to use the Service. You are responsible for maintaining the confidentiality of your account credentials and for all activity that occurs under your account.
4. Acceptable Use
You agree not to:
- Use the Service for any unlawful purpose or in violation of any applicable local, state, national, or international law;
- Send unsolicited communications in violation of applicable telemarketing, SMS, or email laws (including TCPA and CAN-SPAM);
- Attempt to gain unauthorized access to the Service or its related systems or networks;
- Reverse engineer, decompile, or disassemble any portion of the Service, except as permitted by law;
- Interfere with or disrupt the integrity or performance of the Service.
5. Customer Data
You retain ownership of the customer data you upload or generate through the Service. You grant Fierce a limited license to process that data solely to provide, maintain, and improve the Service, in accordance with our Privacy Policy.
6. Subscription, Fees, and Payment
Certain features of the Service may require a paid subscription. Fees, billing cycles, and payment terms will be presented at the time of purchase or in a separate order form or agreement.
7. Intellectual Property
The Service, including its software, design, and content (excluding customer data), is owned by Fierce and protected by intellectual property laws. These Terms do not grant you any rights to Fierce's trademarks, logos, or brand features.
8. Termination
We may suspend or terminate your access to the Service at any time for violation of these Terms. You may stop using the Service and close your account at any time.
9. Disclaimers
THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.
10. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIERCE SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO YOUR USE OF THE SERVICE.
11. Changes to These Terms
We may update these Terms from time to time. Material changes will be communicated through the Service or by other reasonable means. Continued use of the Service after changes take effect constitutes acceptance of the revised Terms.
12. Governing Law
These Terms are governed by the laws of the state in which Fierce Entertainment Inc. is incorporated, without regard to conflict of law principles. [Jurisdiction to be confirmed by legal counsel.]
13. Contact Us
Questions about these Terms can be directed to:
Fierce Entertainment Inc. Email: [SUPPORT CONTACT EMAIL]