Terms of Service

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING OUR SERVICES.

Your use of our Services (as defined below) is expressly conditioned on your agreement to our terms of service (the "Terms of Service").

If you accept these Terms of Service, click on the "Agree & Get Started" on the signup page. That action is the equivalent of your signature and indicates your acceptance of these Terms of Service and that you intend to be legally bound by them. IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS OF SERVICE AND, IN SUCH EVENT, "YOU" AND "YOUR" AS USED IN THESE TERMS OF SERVICE SHALL REFER TO SUCH ENTITY, IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE TO ALL THE TERMS AND CONDITIONS IN THESE TERMS OF SERVICE, YOU MAY NOT USE THE SERVICES. If you do not agree with them, please notify us in writing, do not use the Services and exit this website.

When we say "Company", "we", "our", or "us" in these Terms of Service, we are referring to Fetch Kitty AI Inc., our registered corporation in British Columbia, Canada.

When we say "Services", we mean any product or service provided by Fetch Kitty AI Inc. and made available to you through this website or any of our related extensions (such as https://dashboard.fetchkitty.com) including any related integrations or extensions.

Modifications

We may update or modify these Terms of Service in the future without any notice or liability to you or any other person, by posting revised Terms of Service on our website or by otherwise providing notification. Your continued use of the Services signifies your acceptance of any revised Terms of Service, so check back frequently to read the most recent version.

When you use our Services, now or in the future, you are agreeing to the latest Terms of Service. That's true for any of our existing and future products and all features that we add to our Services over time. There may be times where we do not exercise or enforce any right or provision of the Terms of Service; in doing so, we are not waiving that right or provision. These Terms of Service contain a limitation of our liability.

Use of Services

Our Services are intended to provide an easier way for you to extract and monitor publicly available data from the web at scale, but only where you have determined that such data can be extracted without breaking any laws, breaching any contracts or violating the rights of any third party. Our Services are a tool, but it is your responsibility to ensure that you are using our Services in a lawful manner that does not violate the rights of any third party, or that requires the bypassing of any authentication systems you are not authorized to use with automations.

If you violate any of these Terms of Service, we may terminate your account and your use of the Services.

Account Terms

1. You are responsible for maintaining the security of your account and password. We cannot and will not be liable for any loss or damage from your failure to comply with this security obligation. You should keep your login name and password confidential and not disclose them to any person or permit any other person to use them.
2. You may not use the Services for any purpose outlined in our Usage Restrictions policy or in any manner that is unlawful, that is in breach of contract, that violates the rights of any third party or that is for purposes of monitoring availability, performance or functionality, or for any other benchmarking or competitive purpose. You will not use the Services to access, collect or store any confidential, proprietary or personal information. You are solely responsible for ensuring that you have all the rights necessary to use, access and store any data on the Services.
3. You are responsible for all content posted and activity that occurs under your account. You must ensure that you have all the rights you need in any content or data stored in the Services. That includes content posted by others who either: (a) have access to your login credentials; or (b) have their own logins under your account.
4. You must be a human using the Services for business purposes. Accounts registered by "bots" or other automated methods are not permitted.
5. You must comply with applicable law at all times.
6. You are prohibited from attempting to circumvent and from violating the security of this or any other website or social media platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting any website owner's ability to monitor the website; (f) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (g) attacking a website via a denial-of-service attack, distributed denial-of-service attack flooding, mailbombing, or crashing; and (h) otherwise attempting to interfere with the proper working of a website.
7. None of the content or data you submit to the website will be subject to any confidentiality protection.

Payment and Plan Changes

1. If you are using a free version of one of our Services, it is really free: we do not ask you for your credit card.
2. For paid Services that offer a free trial, we explain the length of trial when you sign up. After the trial period, you need to pay in advance to keep using the Services. If you do not pay, we will freeze your account and it will be inaccessible until you make payment. If your account has been frozen for a while, we will queue it up for auto-cancellation.
3. If you are upgrading from a free plan to a paid plan, we will charge your card immediately and your billing cycle starts on the day of upgrade. For other upgrades or downgrades in plan level, the new rate starts from the next billing cycle.
4. All fees are exclusive of all taxes, levies, or duties imposed by taxing authorities. Where required, we will collect those taxes on behalf of the taxing authority and remit those taxes to taxing authorities. Otherwise, you are responsible for payment of all taxes, levies, or duties.

Cancellation and Termination

1. You are solely responsible for properly canceling your account. An email or phone request to cancel your account is not automatically considered cancellation. If you need help cancelling your account, you can always contact our Support team.
2. All of your content may become inaccessible from the Services following cancellation and we have no obligation to store your content. Within 90 days, all content will be permanently deleted from active systems and logs. Within 4 months, all content will be permanently deleted from our backups. We cannot recover this information once it has been permanently deleted.
3. If you cancel the Services before the end of your current paid up month, your cancellation will take effect immediately, and you will not be charged again. We do not automatically prorate unused time in the last billing cycle.
4. WE HAVE THE RIGHT TO SUSPEND OR TERMINATE YOUR ACCOUNT AND REFUSE ANY AND ALL CURRENT OR FUTURE USE OF OUR SERVICES FOR ANY REASON AT ANY TIME AND TO REMOVE ALL OF YOUR DATA STORED ON OUR SERVICES. Suspension means you and any other users on your account will not be able to access the account or any content in the account. Termination will furthermore result in the deletion of your account or your access to your account, and the forfeiture and relinquishment of all content in your account. We also reserve the right to refuse the use of the Services to anyone for any reason at any time. You agree to comply with our Usage Restrictions policy. We reserve the right to remove any of your data stored on the Services at any time including if the storage of such data is in breach of these Terms of Service.
5. Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Company employee or officer will result in immediate account termination.

Modifications to the Service and Prices

1. We reserve the right at any time to modify or discontinue, temporarily or permanently, any part of our Services with or without notice.
2. Sometimes we change the pricing structure for our Services. If we do so, we will give at least 30 days notice and will notify you via the email address on record. We may also post a notice about changes on our websites or the affected Services themselves.

Data, Security, and Privacy

1. Your use of the Services is at your sole risk. We provide these Services on an "as is" and "as available" basis.
2. We reserve the right to disable your account, including if your usage significantly exceeds the average usage of other customers of the Services. Of course, we will use reasonable efforts to reach out to the account owner before taking any action except in rare cases including where the level of use may negatively impact the performance of the Services for other customers.
3. You agree that we may process your data as described in our Privacy Policy.
4. Subject to the Privacy Policy, you retain all rights in your data ("Customer Data"). You grant to the Company and its subcontractors a non-exclusive, worldwide, royalty-free, irrevocable, sublicensable and fully paid-up right to use, reproduce, and otherwise exercise all rights in the Customer Data, including to: (a) provide the Services; (b) create output generated by the Services; (c) improve and enhance the Services including to develop learnings and insights regarding the use of the Services, including data or statistics indicating frequency of use, popularity or other characteristics of the Services (collectively, "Insights Data"); and (d) produce or generate data, information that is aggregated or anonymized and not identifiable as relating to an individual or organization (such data, information and materials, the "Aggregated Data"). You represent, warrant and covenant that you have all the rights necessary to grant this license. Company shall own all rights in the Insights Data and the Aggregated Data, and without limiting the foregoing, Company may use such data for its own purposes.
5. You acknowledge and agree that we may be required by a court or may otherwise be required by law to disclose your content and data. We can access your data as set out in these Terms of Service and our Privacy Policy, including for the following reasons:
6. To help you with support requests you make.
7. To safeguard the Company. We may look at logs and metadata as part of our work to ensure the security of your data and the Services as a whole. If necessary, we may also access accounts as part of an abuse report investigation.
8. To the extent required by applicable law.
9. We use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services as described in the Privacy Policy.

Intellectual Property Rights

1. We do not pre-screen content, but reserve the right (but not the obligation) in our sole discretion to refuse or remove any content that is available via the Services.
2. The names, look, and feel of the Services and all rights in the Services and all modifications and enhancements to the Services, the functionality and other information related to the Services is the Company's confidential information. All rights reserved. You may not duplicate, copy, or reuse any portion of the HTML, CSS, JavaScript, or visual design or other elements of the Services without express written permission from the Company. You must request permission to use the Company's logo or any Services logos for promotional purposes. Please email us any requests to use logos. We reserve the right to rescind this permission.
3. You agree not to reproduce, duplicate, copy, license, sell, resell or exploit any portion of the Services, use of the Services, or access to the Services without the express written permission by the Company.
4. You must not modify or engage so as to falsely imply a connection or association between the Services or the Company and any other website, social media platform or otherwise.
5. Your use of the Services does not grant or transfer to you any ownership or other rights in the Services. Any rights not expressly granted to you in these Terms of Service are expressly reserved by the Company.
6. If you provide the Company with any feedback or improvements to the Services, You hereby assign to the Company all rights in such feedback or improvements.

Features and Bugs

We design our Services based, in part, on our own experience and the experiences of customers who share their time and feedback, however, we make no guarantees that our Services will meet your specific requirements or expectations.

Representations and Warranties

You represent, warrant and agree that your use of the Services shall not:

1. in any manner violate any applicable federal, provincial, state, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms of Service and our Privacy Policy;
2. in any manner violate the terms of use of any third-party website or social media platform;
3. include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Company's sole discretion;
4. involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code;
5. involve, provide, or contribute any false, inaccurate, or misleading information;
6. include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with the Usage Restrictions Policy;
7. impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing);
8. transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any "spam", "junk mail", "chain letter", contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation;
9. encourage any other conduct that restricts or inhibits anyone's use or enjoyment of a website or the Services, or which, as determined by us, may harm the Company or users of the Services or a third party website or social media platform or expose them to liability;
10. promote any illegal activity, or advocate, promote, or assist any unlawful act; or
11. give the impression that they originate from or are endorsed by us or any other person or entity, if this is not the case.

As with any software, our Services inevitably have some bugs. We track the bugs reported to us and work through priority ones, especially any related to security or privacy. Not all reported bugs will get fixed and we don't guarantee completely error-free Services.

Services Adaptations and API Terms

We offer application program interfaces ("API"s) for some of our Services. Any use of the API, including through a third-party product that accesses the Services, is subject to these Terms of Use and the following additional, specific terms:

1. You expressly understand and agree that we are not liable for any damages or losses resulting from your use of the API or third-party products that access data via the API.
2. Third parties may not access and employ the API if the functionality is part of an application that remotely records, monitors, or reports a Service user's activity other than time tracking, both inside and outside the applications. The Company, in its sole discretion, will determine if an integration service violates this provision. A third party that has built and deployed an integration for the purpose of remote user surveillance will be required to remove that integration.
3. Abuse or excessively frequent requests to the Services via the API may result in the temporary or permanent suspension of your account's access to the API. The Company, in its sole discretion, will determine abuse or excessive usage of the API. If we need to suspend your account's access, we will attempt to warn the account owner first. If your API usage could or has caused downtime, we may cut off access without prior notice.

Disclaimer, Liability and Indemnification

Relationships

The relationship between the Company and you will be that of independent contractors, and neither of us nor any of our respective officers, agents or employees will be held or construed to be partners, joint ventures, fiduciaries, employees or agents of the other as a result of these Terms of Service or your use of the Services.

Governing Laws, Jurisdiction

You consent and submit to the exclusive jurisdiction of the courts located in the City of Vancouver, in the Province of British Columbia, Canada, in all disputes arising out of or relating to the use of the Services and these Terms of Service and waive any objection as to the venue of such courts. These Terms of Service and its performance will be governed by the laws of the Province of British Columbia, Canada, and the federal laws of Canada applicable in that Province without regard to conflicts of law rules that would apply a different body of law. The International Sale of Goods Act of British Columbia and the United Nations Convention on Contracts for the International Sale of Goods will not apply in any way to these Terms of Service or to the transactions contemplated by these Terms of Service.

Severability

These Terms of Service will be severable. In the event that any provision is determined to be unenforceable or invalid, that provision will nonetheless be enforced to the fullest extent permitted by applicable law, and that determination will not affect the validity and enforceability of any other remaining provisions of these Terms of Service.

Headings

The headings used in these Terms of Service are included for convenience only and will not limit or otherwise affect these Terms of Service.

Entire Agreement

These Terms of Service, together with those incorporated or referred to in these Terms of Service, constitute the entire agreement between us pertaining to the subject matter of these Terms of Service, and supersede any prior agreements, understandings, negotiations and discussions, whether electronic, oral or written, regarding the subject matter of these Terms of Service, and may not be amended or modified except by the Company as set out above. There are no representations, warranties or other agreements between us, express or implied, in connection with the subject matter of these Terms of Service, except as specifically set out in these Terms of Service or in those incorporated or referred to in these Terms of Service. No party has been induced to enter into these Term and Conditions in reliance on, and there will be no liability assessed, either in tort or contract, with respect to, any warranty, representation, opinion, advice or assertion of fact, except to the extent it has been reduced to writing and included in these Terms of Service or in those incorporated or referred to in these Terms of Service.

Electronic Communications

You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Services. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

If you have a question about any of the Terms of Service, please contact our Support team.

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