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Terms of Service

Last Updated: November 29, 2024

Welcome to Fenzy. These Terms of Service ("Terms") govern your access to and use of the Fenzy application, website, and services (collectively, the "Service"). By accessing or using our Service, you agree to be bound by these Terms.

1. Acceptance of Terms

By creating an account, downloading our app, or using our Service in any way, you agree to these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use our Service.

2. Eligibility

You must be at least 13 years old to use Fenzy. If you are under 18, you must have permission from a parent or guardian to use the Service. By using Fenzy, you represent and warrant that you meet these eligibility requirements.

3. Account Registration

3.1 Account Creation

To access certain features, you must create an account. You agree to:

  • Provide accurate, current, and complete information
  • Maintain and update your information to keep it accurate
  • Keep your password secure and confidential
  • Notify us immediately of any unauthorized use of your account
  • Be responsible for all activities that occur under your account

3.2 Account Termination

We reserve the right to suspend or terminate your account at any time for violations of these Terms, fraudulent activity, or any other reason at our discretion.

4. Subscription and Payment

4.1 Free Trial

We offer a 3-day free trial for new users. You will not be charged during the trial period. After the trial ends, your subscription will automatically renew unless you cancel before the trial period expires.

4.2 Subscription Plans

We offer various subscription plans (monthly and yearly). Subscription fees are non-refundable except as required by law or as expressly stated in these Terms.

4.3 Billing

  • Subscriptions automatically renew at the end of each billing period
  • You will be charged the then-current subscription fee
  • We may change subscription fees with 30 days' notice
  • All payments are processed securely through third-party payment processors

4.4 Cancellation

You may cancel your subscription at any time through your account settings. Cancellation will take effect at the end of your current billing period. You will continue to have access until the end of the paid period.

4.5 Refunds

Refunds are generally not provided except:

  • As required by applicable law
  • In cases of technical issues preventing service access (at our discretion)
  • Within 7 days of initial purchase if you contact us with a valid reason

5. Use of Service

5.1 License Grant

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your personal, non-commercial use.

5.2 Restrictions

You agree NOT to:

  • Share your account credentials with others
  • Use the Service for commercial purposes without authorization
  • Copy, modify, distribute, or create derivative works of our content
  • Circumvent any security measures or access restrictions
  • Use automated tools (bots, scrapers) to access the Service
  • Download or attempt to download content except where explicitly permitted
  • Reverse engineer, decompile, or disassemble any part of the Service
  • Transmit viruses, malware, or harmful code
  • Interfere with or disrupt the Service or servers
  • Violate any applicable laws or regulations

6. Content

6.1 Our Content

All content available through Fenzy, including videos, images, text, graphics, logos, and software, is owned by Fenzy or our content providers and is protected by copyright, trademark, and other intellectual property laws.

6.2 Content Availability

Content availability may vary by region and can change without notice. We do not guarantee that specific content will always be available.

6.3 Content Quality

Streaming quality depends on your internet connection and device capabilities. We offer various quality options including HD and 4K where available.

7. Intellectual Property

The Fenzy name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Fenzy or its affiliates. You may not use these marks without our prior written permission.

8. Privacy and Data Protection

Your use of the Service is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information. By using Fenzy, you consent to our data practices as described in the Privacy Policy.

9. Third-Party Services

Fenzy may integrate with or contain links to third-party services, websites, or content. We are not responsible for the content, privacy policies, or practices of any third-party services. Your use of third-party services is at your own risk.

10. Disclaimers

10.1 "AS IS" Basis

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, OR COURSE OF PERFORMANCE.

10.2 No Guarantee

We do not guarantee that:

  • The Service will be uninterrupted, secure, or error-free
  • Defects will be corrected
  • The Service is free of viruses or harmful components
  • Results from using the Service will be accurate or reliable

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FENZY SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS EXCEED THE AMOUNT YOU PAID TO FENZY IN THE 12 MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fenzy, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses (including reasonable attorneys' fees) arising from:

  • Your use of the Service
  • Your violation of these Terms
  • Your violation of any rights of another person or entity
  • Your violation of any applicable laws or regulations

13. Dispute Resolution

13.1 Informal Resolution

Before filing a claim, you agree to try to resolve the dispute informally by contacting us at support@fenzy.app. We will attempt to resolve the dispute informally within 60 days.

13.2 Arbitration

Any dispute that cannot be resolved informally shall be resolved through binding arbitration in accordance with the rules of [Arbitration Organization]. The arbitration will be conducted in [Location] in English.

13.3 Class Action Waiver

You agree that disputes will be resolved on an individual basis only, and not as part of a class action or consolidated proceeding.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of [Your Jurisdiction], without regard to its conflict of law provisions.

15. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of material changes by:

  • Posting the updated Terms on this page
  • Updating the "Last Updated" date
  • Sending an email notification (for significant changes)

Your continued use of the Service after changes constitutes acceptance of the modified Terms.

16. Termination

16.1 Termination by You

You may terminate your account at any time by contacting us or using the account deletion feature in the app.

16.2 Termination by Us

We may suspend or terminate your access to the Service immediately, without prior notice, for:

  • Violation of these Terms
  • Fraudulent or illegal activity
  • Non-payment of subscription fees
  • Abusive behavior towards other users or our staff
  • Any other reason at our sole discretion

16.3 Effect of Termination

Upon termination:

  • Your right to use the Service will immediately cease
  • You will lose access to your account and content
  • We may delete your data in accordance with our Privacy Policy
  • Provisions that should survive termination will remain in effect

17. Geographic Restrictions

The Service may not be available in all countries or regions. Content availability varies by location due to licensing restrictions. We reserve the right to limit access based on geographic location.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, the remaining provisions will continue in full force and effect.

19. Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Fenzy regarding the Service and supersede all prior agreements.

20. Contact Information

For questions about these Terms or the Service, please contact us:

  • Email: support@fenzy.app
  • Legal: legal@fenzy.app
  • Telegram: @fenzytv
  • Address: Fenzy Legal Team, [Your Address]

21. Special Terms for Mobile Applications

21.1 Mobile App License

The Fenzy mobile application is licensed, not sold, to you. This license is limited to using the app on devices you own or control.

21.2 App Store Terms

When you download our app from a third-party app store (Google Play, Apple App Store), you also agree to that app store's terms of service.

21.3 Third-Party Beneficiaries

The app store providers are third-party beneficiaries of these Terms with respect to the mobile application and have the right to enforce these Terms.

22. Notice to California Residents

Under California Civil Code Section 1789.3, California users are entitled to the following consumer rights notice:

If you have a question or complaint regarding the Service, please contact us at support@fenzy.app. You may also contact the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs in writing at 1625 North Market Blvd., Suite N 112, Sacramento, CA 95834 or by telephone at (916) 445-1254 or (800) 952-5210.

By using Fenzy, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.