Terms of Service

Billing: Upon registering, you acknowledge that the Services have a recurring payment feature, and you accept responsibility for all recurring charges prior to cancellation. Facilitier may submit charges without further authorization from you, until you provide prior notice (receipt of which is confirmed by Facilitier) that you have terminated this authorization or wish to change your payment method. Such notice will not affect charges submitted before Facilitier reasonably could act.

Invoices: An invoice for the Subscription Fee will be issued either on a monthly basis (based on the chosen plan), starting on the date You registered Yourself or Your Organization. All Facilitier invoices will be sent to You, or to a billing contact whose details are provided by You (“Billing Contact”), by email.

Subscription fee changes: Facilitier may change the amount of the Subscription Fee in its sole discretion from time to time subject to an advance notice to You. Facilitier may also offer users free trials, special discounts and/or waive certain Subscription Fees, subject always to Facilitier’s sole discretion.

Reaffirmation of Authorization: Your non-termination or continued use of the Services reaffirms that Facilitier is authorized to charge You for those Services. We may submit those charges for payment and you will be responsible for such charges. This does not waive our right to seek payment directly from you. Your charges may be payable in advance, in arrears, per usage, or as otherwise described when you initially selected to use the Services.

General obligations: You must only use the Services for Your own lawful business purposes, and in accordance with the Terms and any additional or amended terms and conditions posted on the Website or App and/or notified to you by Facilitier.

Registration: You must provide accurate and complete information and keep Your account information updated. You shall not: (i) select or use as a username a name of another person or entity with the intent to impersonate that person or entity; (ii) use as a username a name subject to any rights of a person other than You without appropriate authorization; or (iii) use, as a username, a name that is otherwise offensive, vulgar or obscene. You may never use another person’s user account or registration information for the Services without permission. You must notify us immediately of any change in Your eligibility to use the Services, breach of security or unauthorized use of your account. You should never publish, distribute or post login information for your account. You shall have the ability to delete Your account, either directly or through a request made to one of our employees or affiliates.

Access conditions: You must ensure that all usernames and passwords required to access the Services are kept secure and confidential. You must immediately notify Facilitier of any unauthorized use of Your passwords or any other breach of security and Arifu will reset Your password. You must take all other actions that Facilitier reasonably deems necessary to maintain or enhance the security of Facilitier’s computing systems and networks and Your access to the Services.

Prohibited Uses: As a condition of use, You promise not to use the Services for any purpose that is prohibited by these Terms. You are responsible for all of Your activity in connection with the Services. When accessing and using the Services, You shall not (and shall not permit any third party to either (i) take any action or (ii) upload, download, post, submit, transmit, input, or otherwise distribute or facilitate distribution of any Data on or through the Services that:

• infringes any patent, trademark, trade secret, copyright, right of publicity or other right of any other person or entity or violates any law or contractual duty
• You know is false, misleading, untruthful or inaccurate
• is offensive, unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion
• constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (“spamming”)
• contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any system, data, password or other information of Facilitier’s or of any third party
• may damage Facilitier’s, or any other person or entity’s, computing devices or software or may in any way which may impair the functionality of the Services, Website, or App, or other systems used to deliver the Services or impair the ability of any other user to use the Services
• constitutes an attempt to modify, copy, adapt, reproduce, disassemble, decompile or reverse engineer any computer programs used to deliver the Services or to operate the Website or App except as is strictly necessary to use either of them for normal operation
• constitutes an attempt to undermine the security or integrity of Facilitier’s computing systems or networks or, where the Services are hosted by a third party, that third party’s computing systems and networks
• constitutes an attempt to gain unauthorized access to any materials other than those to which You have been given express permission to access or to the computer system on which the Services are hosted
• impersonates any person or entity, including any of our employees or representatives; or
• includes anyone’s identification documents or sensitive financial information

Usage Limitations: Your use of the Services may be subject to limitations, including but not limited to monthly transaction volumes and the number of calls You are permitted to make against Facilitier’s application programming interface. Any such limitations will be specified within the applicable Services.

Indemnity: You agree to defend, indemnify, and hold harmless Facilitier, its affiliates, and each of its respective employees, contractors, directors, suppliers and representatives from all liabilities, claims, and expenses, including reasonable attorneys’ fees, that arise from or relate to Your use or misuse of, or access to, the Services, including Your violation of the Terms, infringement by You or any third party using Your account or identity in the Services of any intellectual property or other right of any person or entity, and Your breach of any of these Terms or any obligation You may have to Facilitier, including (but not limited to) any costs relating to the recovery of any Subscription Fees that are due but have not been paid by You. We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by You, in which event You will assist and cooperate with us in asserting any available defenses.

General: Except as expressly provided herein, Facilitier alone retains all Intellectual Property Rights relating to the Services. Any suggestions, ideas, enhancement requests, feedback, recommendations or other information or documentation provided by You relating to the Services (“Feedback”) shall be assigned by You to Facilitier. Facilitier will be free to use or disseminate Feedback. You will not copy, distribute, reproduce or use any of the foregoing except as expressly permitted under these Terms.

Ownership of Data: You shall retain all Intellectual Property Rights (if any) in Your Data. You hereby grant Facilitier a license to use, copy, transmit, store, and back-up Your information and Data for the purposes of enabling You to access and use the Services and for any other purpose related to provision of the Services to You. You also hereby grant Facilitier a license and right to use the Data anonymously and in the aggregate to improve the Services and provide the Services to other customers.

Backup of Data: Facilitier adheres to industry-standard policies and procedures to prevent data loss, but does not make any guarantees that there will be no loss of Data. Facilitier expressly excludes liability for any loss of Data no matter how caused.

Third party applications and Your Data: The Services may permit You to link to certain other websites, services or resources (“Third-Party Applications”) on the Internet, and certain Third-Party Applications may contain links to the Services. If You choose to enable Third-Party Applications for use in conjunction with the Services, You do so at Your own risk. These Third-Party Applications are not under our control. You acknowledge that Facilitier may allow the providers of those Third-Party Applications to access Your Data as required for the interoperation of such Third-Party Applications with the Services. You further acknowledge and agree that Facilitier shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third-Party Application, or for any disclosure, modification or deletion of Your Data by any Third-Party Applications. Facilitier is not responsible for the privacy practices of any Third-Party Applications, and urges You to read the privacy policies of any Third-Party Applications before enabling their use in conjunction with the Services.

Authority: You warrant that where You have registered to use the Services on behalf of another person or entity, You have the authority to agree to these Terms on behalf of that person or entity and to bind that person or entity to perform any and all obligations that You become subject to by virtue of these Terms, without limiting Your own personal obligations under these Terms.

Acknowledgement: You acknowledge that: You are also authorized to access the processed information and Data that is made available to You through Your use of the Website or App and the Services (whether that information and Data is Your own or that of anyone else).

Facilitier has no responsibility to any person other than You and nothing in this Agreement confers, or purports to confer, a benefit on any person other than You. If You use the Services or access the Website or App on behalf of or for the benefit of anyone other than Yourself (whether a body corporate or otherwise) You acknowledge and agree that:

• You are responsible for (i) ensuring that You have the right to do so; and (ii) authorizing any person or entity who is given access to Data
• You agree that Facilitier has no obligation to provide any person or entity access to such information or Data without Your authorization and may refer any requests for information to You to address; and
• You will indemnify Facilitier against any claims or loss relating to: (1) Facilitier’s refusal to provide any person access to Your information or Data in accordance with these Terms; (2) Facilitier’s making available information or Data to any person with Your authorization

Facilitier does not warrant that use of the Services will be uninterrupted or error-free. Among other things, the operation and availability of the systems used for accessing the Service, including public telephone services, computer networks and the Internet, can be unpredictable and may from time to time interfere with or prevent access to the Services. Facilitier is not in any way responsible for any such interference or prevention of Your access or use of the Services.

It is Your sole responsibility to determine that the Services meet the needs of Your business and are suitable for the purposes for which they are used

Consumer guarantees: You warrant and represent that You are acquiring the right to access and use the Services for the purposes of a business and that, to the maximum extent permitted by law, any statutory consumer guarantees or legislation intended to protect non-business consumers in any jurisdiction does not apply to the supply of the Services, the Website, the App, or the Terms.

Warranty Disclaimer: the services provided by Facilitier to you are provided “as is”, “as available”, with all faults and without warranties, representations or conditions of any kind. Facilitier hereby disclaims all express, implied, or statutory warranties, representations or conditions, whether written or oral, including any implied warranties of merchantability, title, noninfringement, security, reliability, completeness, quiet enjoyment, accuracy, quality, integration or fitness for a particular purpose. Facilitier does not warrant that the services will operate without interruption or be error free. Certain country, state or local laws may not allow limitations on implied warranties; if these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights

To the maximum extent permitted by law, Facilitier excludes all liability and responsibility to you (or any other person) in contract, tort (including negligence), strict liability or any other legal or equitable theory with respect to the Services, for any (i) loss (including loss of information, data, cost of procurement of substitute goods or services, profits and savings), (ii) bugs, viruses, trojan horses, or the like (regardless of the source of origination) or (iii) special, indirect, incidental, punitive, compensatory, consequential damages resulting from any use of, or reliance on, the services. Certain country or state laws may not allow for the limitation or exclusion of liability or for the limitation or exclusion of certain damages. If these laws apply to you, some or all of the above disclaimers, exclusions, or limitations may not apply to you. In such cases, Facilitier’s liability will be limited to the fullest extent permitted by applicable law. Nothing in these terms shall affect any non-waivable statutory rights that apply to you.

If you suffer any direct loss or damage as a result of your use of the Services, any claim by you against Facilitier will be limited in respect of any one incident, or series of connected incidents, to the fees paid by you in the previous twelve (12) months. Any reference to Facilitier in this section also includes its directors, employees, agents, partners, suppliers or content providers. The foregoing limitations will apply to the maximum extent permitted by applicable law.

If You are not satisfied with the Services, Your sole and exclusive remedy is to terminate these Terms in accordance with the Termination section below

Facilitier reserves the right to put any account on hold or permanently disable accounts due to breach of these Terms of Service or due to any illegal or inappropriate use of the Website, App or Services. Violation of Facilitier’s Terms of Service may get your account disabled permanently. Users with disabled accounts will not be able to use the Services. Users who have violated our Terms of Service and had their account disabled may contact our Customer Support team for more information surrounding the violation and status of the account.

Subscriptions: You may terminate this agreement at any time, however, if You terminate this agreement before the end of your current billing period, then You shall be charged Subscription Fees on a pro-rata basis (with a month being the minimum billing unit).

No-fault termination: These Terms will continue for the period covered by the Subscription Fee paid or payable by You. At the end of each billing period these Terms will automatically continue for another period of the same duration as that period, provided You continue to pay the prescribed Subscription Fee when due, unless either party terminates this agreement.