FYEO, Inc. Terms and Conditions of Service

As of April 14, 2021

These Terms and Conditions (“Terms”) govern your access to and use of our services to operate a password keeper including via various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, commerce services, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).

 

By using the Services you agree to be bound by these Terms. Please read them carefully.  We may update these Terms from time to time, which will be identified by the last updated date, and may be reviewed at https://www.gofyeo.com/terms-and-conditions

 

II.  Who May Use the Services.

You may use the Services only if you agree to form a binding contract with FYEO, Inc., LLC., a Colorado limited liability company (hereafter “FYEO, Inc.” or “we”), and are not a person barred from receiving services under the laws of the applicable jurisdiction. In any case, you must be at least 16 years old to use the Services. Depending on your jurisdiction, children as young as 13 years old can use the Services with parental opt-in consent. [LJD1] If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so.

III.  Using our Services. 

You must follow any policies made available to you within the Services. You may use our Services only as permitted by law, including applicable export and re-export control laws and regulations. We may suspend or stop providing our Services to you if you do not comply with our terms or policies or if we are investigating suspected misconduct.

 

Using our Services does not give you ownership of any intellectual property rights in our Services or the content you access. These Terms do not grant you the right to use any branding or logos used in our Services. Do not remove, obscure, or alter any legal notices displayed in or along with our Services.

 

In connection with your use of the Services, we may send you service announcements, administrative messages, and other information. You may opt out of some of those communications.

 

Some of our Services are available on mobile devices. Do not use such Services in a way that distracts you and prevents you from obeying traffic or safety laws.

 

IV.  Privacy

Our Privacy Policy describes how we handle the information you provide to us when you use our Services. You understand that through your use of the Services you consent to the collection and use of this information, including the transfer of this information to the United States and/or other countries for storage, processing and use by FYEO, Inc. and its affiliates. Our Privacy Policy can be found here https://www.gofyeo.com/privacy-policy.

 

V.  Your Content in Our Services

Our Services allow you to operate a password keeper on a mobile device, in a web portal, or browser plug-in by uploading, submitting, storing, sending or receiving content. You retain ownership of any intellectual property rights that you hold in that content.

 

When you upload, submit, store, send or receive content to or through our Services, you give FYEO, Inc. (and those we work with) a worldwide license to use, host, store, reproduce, modify, create derivative works (such as those resulting from translations, adaptations or other changes we make so that your content works better with our Services), communicate, publish, publicly perform, publicly display and distribute such content. The rights you grant in this license are for the limited purpose of operating, promoting, and improving our Services, and to develop new ones. The Service may offer you ways to access and remove content that has been provided to that Service.

 

You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above. FYEO, Inc. will not be able to recover any data or passwords or messages you submitted to the service if you lose your access credentials and or your private key.

 

 

VI.  FYEO, Inc. Software

The Service can include downloadable software and this software may update automatically on your device once a new version or feature is available. Some Services may let you adjust your automatic update settings.

 

FYEO, Inc. gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the software provided to you by FYEO, Inc. as part of the Services. This license is for the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by FYEO, Inc., in the manner permitted by these Terms. You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software, unless laws prohibit those restrictions or you have our written permission.

 

 

VII.  Third-Party Services

If you use a service, feature, or functionality that is operated by a third party and made available through our Services (including Services we jointly offer with the third party), each party’s terms will govern the respective party’s relationship with you. FYEO, Inc. is not responsible or liable for a third party’s terms or actions taken under the third party’s terms.

 

VIII.  Ending Your Service

You may stop using our Services at any time by deactivating your accounts and discontinuing your use of the Services. We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to prolonged inactivity; or (iv) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address associated with your account or the next time you attempt to access your account, depending on the circumstances.

 

 

IX.  The Services are Available “AS-IS”

Your access to and use of the Services or any Content are at your own risk. You understand and agree that the Services are provided to you on an “AS IS” and “AS AVAILABLE” basis. Without limiting the foregoing, to the maximum extent permitted under applicable law, FYEO, Inc. DISCLAIMS ALL WARRANTIES AND CONDITIONS, WHETHER EXPRESS OR IMPLIED, OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FYEO, Inc. makes no warranty or representation and disclaims all responsibility and liability for: (i) the completeness, accuracy, availability, timeliness, security or reliability of the Services or any Content; (ii) any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or any Content; (iii) the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Services; and (iv) whether the Services will meet your requirements or be available on an uninterrupted, secure, or error-free basis. No advice or information, whether oral or written, obtained from the FYEO, Inc. or through the Services, will create any warranty or representation not expressly made herein.

 

X.  Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FYEO, Inc. 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, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM (i) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (ii) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICES, INCLUDING WITHOUT LIMITATION, ANY DEFAMATORY, OFFENSIVE OR ILLEGAL CONDUCT OF OTHER USERS OR THIRD PARTIES; (iii) ANY CONTENT OBTAINED FROM THE SERVICES; OR (iv) UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF FYEO, Inc. EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS (U.S. $100.00) OR THE AMOUNT YOU PAID FYEO, Inc., IF ANY, IN THE PAST SIX MONTHS FOR THE SERVICES GIVING RISE TO THE CLAIM. THE LIMITATIONS OF THIS SUBSECTION SHALL APPLY TO ANY THEORY OF LIABILITY, WHETHER BASED ON WARRANTY, CONTRACT, STATUTE, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, AND WHETHER OR NOT FYEO, Inc. HAS BEEN INFORMED OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

 

XI.  Revisions

We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms will govern our relationship with you. We will try to notify you of material revisions, for example via a service notification or an email to the email associated with your account. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms.

 

If there is a conflict between these Terms and the revised terms, the revised terms will control for that conflict.

 

These Terms control the relationship between FYEO, Inc. and you. They do not create any third party beneficiary rights.

 

XII.  Jurisdiction

The laws of the State of New York, excluding its choice of law provisions, will govern these Terms and any dispute that arises between you and FYEO, Inc. All disputes related to these Terms or the Services will be brought solely in the federal or state courts located in New York County, New York, United States, and you consent to personal jurisdiction and waive any objection as to inconvenient forum.

 

If you are a federal, state, or local government entity in the United States using the Services in your official capacity and legally unable to accept the controlling law, jurisdiction or venue clauses above, then those clauses do not apply to you. For such U.S. federal government entities, these Terms and any action related thereto will be governed by the laws of the United States of America (without reference to conflict of laws) and, in the absence of federal law and to the extent permitted under federal law, the laws of the State of New York (excluding choice of law).

 

XIII.  Waiver and Severability.

In the event that any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. FYEO, Inc.’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

XIV.  Support.

If you have questions about the content of a document or transaction, or are unsure why you are receiving it, you should contact the party who sent it to you. If you have legal questions about a document or transaction, you should consult with an attorney.  If you need assisting using any Professional Service or have any questions about these Terms, you may email hello@gofyeo.com