Terms of Service

Effective Date: 20.12.2024

Last Updated: 20.12.2024

Welcome to Fiducia.gg ("we," "us," or "our"). These Terms of Service ("Terms") govern your access to and use of our platform, services, and tools for automated content moderation, sensitive data processing, and direct messaging (collectively, the "Services").

PLEASE READ THESE TERMS CAREFULLY. By clicking on the "I Agree" button, registering for an account, downloading the app, using our website, accessing or using the Services, or participating in an electronic conversation facilitated by the Services (any such participant, a "Conversation Participant"), you acknowledge that you have read, understand, and agree to be bound by these Terms. If you do not agree to these Terms, you may not access or use the Services.

These Terms apply to all users of the Services, including browsers, vendors, customers, merchants, consumers, content contributors, Business Owners, and Agencies. If you accept these Terms on behalf of your employer or another legal entity, you represent that you have the authority to bind that entity to these Terms. In such cases, "you" and "your" refer to that entity.

Your personal data is governed by our Data Protection Addendum ("DPA"), available at www.fiducia.gg/dpa, and our Privacy Policy, available at www.fiducia.gg/privacy-policy. By using the Services, you acknowledge that you have reviewed the DPA and Privacy Policy. These documents are incorporated by reference into these Terms and collectively form this "Agreement."

PLEASE NOTE: This Agreement governs how disputes between you and Fiducia.gg are resolved. It contains a binding arbitration provision and a class action waiver (Section 16). Please read carefully, as it affects your legal rights, including your right to opt out of arbitration.

1. Definitions

"User": Individuals or entities accessing or using the Services.
"Account": A unique account created for access to our Services.
"Content": All information, text, or media uploaded by Users.
"AI Tools": Proprietary algorithms developed by Fiducia.gg for automated processes.
"Business Owners": Users utilizing the Services for their own commercial purposes.
"Agencies": Users providing services to third-party clients using our platform.

2. Services Overview

Fiducia.gg provides advanced tools for:

Content Moderation: Automatic detection and removal of prohibited material, including spam, hate speech, and violations of community standards.
Sensitive Data Management: Encrypted processing and storage of personal or business-critical data.
Automated Messaging (Auto-DM): Customizable tools for automated messaging to facilitate communication and engagement.

Service Availability

The Services are available globally but may be subject to restrictions based on jurisdictional laws. While we strive for continuous uptime, there may be occasional interruptions for maintenance or technical issues.

3. Eligibility

You may only use our Services if you meet the following criteria:

You are at least 18 years old or meet the legal age of majority in your jurisdiction.
You have the authority to enter into binding agreements on behalf of your organization, if applicable.
You agree to comply with these Terms and all applicable laws and regulations.

4. Account Creation and Responsibilities

Account Creation

To access certain features, you must create an Account. When creating an Account, you agree to:

Provide accurate, current, and complete information.
Update your information promptly to keep it accurate and complete.

Security of Your Account

You are responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to:

Notify us immediately at support@mg.fiducia.gg if you suspect any unauthorized use of your Account.
Ensure that you exit from your Account at the end of each session.

5. Payments and Subscription Plans

Subscription Fees

Our Services are offered on a subscription basis, with pricing details displayed at checkout. Fees are billed in advance, and your subscription will automatically renew unless canceled.

Payment Methods: Payments can be made via credit card, PayPal, or other supported methods.
Renewals: Automatic renewals are charged at the current rate unless canceled before the renewal date.

Refund Policy

Refunds are governed by the minimum legal requirements applicable to software companies:

Refund Eligibility: Users are entitled to a refund within 14 days from the date of purchase, provided they have not accessed or used the Services.
Exceptions: Refunds will not be issued after 14 days, for partially used subscription periods, or for Accounts terminated due to violations of these Terms.
Processing: Refund requests must be submitted via email to support@mg.fiducia.gg and may take up to 14 business days to process.

Refunds will comply with the laws of your jurisdiction, such as the GDPR for EU Users or state-specific laws for U.S. Users.

6. User Content and Responsibilities

User Content Ownership

You retain ownership of the Content you upload. By using the Services, you grant us a license to process, store, and transmit your Content solely for the purpose of providing the Services.

Prohibited Content

You must not upload or share Content that:

Violates any intellectual property rights or laws.
Contains harmful, obscene, or illegal material.
Promotes hate speech, harassment, or violence.

Content Monitoring and Removal

We reserve the right, but have no obligation, to monitor, edit, or remove Content that we determine violates these Terms or any applicable law. Violation of these rules may result in account suspension or termination.

7. Use of AI Tools

AI-Powered Decision-Making

Our Services utilize AI Tools for content moderation and automated messaging. While we strive for accuracy, AI outcomes are not guaranteed to be error-free.

Human Review Requests: You may request a human review of AI-based decisions by contacting support@mg.fiducia.gg
Transparency: AI actions are logged and available for review upon request.

Legal Compliance for Automated Messaging

Fiducia.gg does not guarantee compliance with local laws for automated messaging. You are responsible for ensuring your messages comply with spam and privacy laws applicable in your jurisdiction. Fiducia.gg disclaims any liability arising from misuse of automated tools, including fines or penalties due to non-compliance with laws like the CAN-SPAM Act or GDPR.

8. Data Protection and Privacy

We prioritize the privacy and security of User data. Our data protection practices adhere to the following frameworks and laws:

For European Users:
- GDPR Compliance: We comply with the General Data Protection Regulation (EU) 2016/679.
- Data Transfers: Use of Standard Contractual Clauses (SCCs) for data transfers outside the EEA.
- Data Subject Rights: Access, correction, deletion, and the right to lodge a complaint with a Data Protection Authority.
For U.S. Users:
- CCPA/CPRA Compliance: Adherence to California Consumer Privacy Act and California Privacy Rights Act.
- User Rights: Right to know, delete, and opt out of the sale of personal information.
International Users:
- Compliance with Local Laws: Measures taken to comply with data privacy laws in your jurisdiction.
Retention and Deletion:
- Personal data is retained as long as necessary to provide the Services or comply with legal obligations.
- Upon termination, data will be deleted within 30 days, unless required otherwise by law.

For detailed information, please see our Privacy Policy.

9. Intellectual Property Rights

All intellectual property rights in the Services, including software, logos, trademarks, and related documentation, are owned by Fiducia.gg or its licensors. You are granted a limited, non-exclusive, non-transferable license to access and use the Services in accordance with these Terms.

10. User Obligations and Acceptable Use

You agree to:

Use the Services only for lawful purposes and in accordance with these Terms.
Comply with all applicable laws and regulations.
Not engage in any activity that interferes with or disrupts the Services.

Prohibited activities include, but are not limited to:

Attempting to gain unauthorized access to the Services or its related systems.
Transmitting any viruses, malware, or harmful code.
Reverse engineering or decompiling any aspect of the Services.

11. Warranties and Disclaimers

The Services are provided "AS IS" and "AS AVAILABLE" without warranties of any kind, either express or implied.

We do not warrant that:

The Services will meet your requirements.
The Services will be uninterrupted, timely, secure, or error-free.
Any errors will be corrected.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fiducia.gg, its affiliates, officers, directors, employees, agents, and licensors from any claims, liabilities, damages, losses, or expenses, including reasonable attorneys' fees, arising out of your use of the Services, violation of these Terms, or infringement of any third-party rights.

13. Limitation of Liability

To the fullest extent permitted by law, Fiducia.gg shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or other intangible losses resulting from:

Service Interruptions: Any interruption or cessation of transmission to or from the Services.
User Errors: Errors or omissions in any Content or actions taken by Users.
AI or Automation Errors: Outcomes resulting from the use of AI Tools or automated messaging.
Unauthorized Access: Unauthorized access to our servers or personal data.

Our total liability shall not exceed the amount you paid in subscription fees in the three (3) months preceding the claim.

14. Termination of Services

By Fiducia.gg

We reserve the right to suspend or terminate your access to the Services for:

Non-payment of fees.
Violation of these Terms.
Unlawful activity associated with your Account.

By You

You may terminate your Account at any time by contacting support@mg.fiducia.gg Subscription cancellations must be made before the renewal date to avoid further charges.

15. Changes to the Terms

We may revise these Terms to reflect changes in our Services or applicable laws.

Notice Period: Changes will be communicated at least 30 days before taking effect via email or notifications within the Services.
User Consent: Continued use of the Services after the effective date constitutes acceptance of the revised Terms.

16. Governing Law and Dispute Resolution

Governing Law

These Terms are governed by the laws of the State of California, without regard to its conflict of law principles.

Arbitration and Waivers

Binding Arbitration:

Any disputes arising out of or relating to these Terms shall be resolved through binding arbitration conducted in San Francisco, California.

Class Action Waiver:

You agree to resolve disputes on an individual basis and waive the right to participate in a class action.

Exceptions:

You may assert claims in small claims court if they qualify.
This arbitration agreement does not prevent you from bringing issues to the attention of federal, state, or local agencies.

17. Force Majeure

Fiducia.gg is not liable for any failure or delay in performance due to causes beyond our reasonable control, including natural disasters, government actions, cyberattacks, or technical failures.

18. Severability

If any provision of these Terms is found to be invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force.

19. Entire Agreement

These Terms, along with the Privacy Policy and DPA, constitute the entire agreement between you and Fiducia.gg regarding the Services and supersede all prior agreements.

20. Contact Information

For questions or concerns about these Terms:

Fiducia.gg

Gstaller Weg 36

82166 Gräfelfing, Germany

Email: support@mg.fiducia.gg