Terms of Service
Effective Date: September 20, 2023
Last Updated: September 20, 2023
1. Acceptance of Terms
Welcome to FredoCloud ("Company", "we", "us", or "our"). These Terms of Service ("Terms") govern your access to and use of our website, products, and services (collectively, the "Services"). By accessing or using our Services, you agree to be bound by these Terms and our Privacy Policy.
If you do not agree to these Terms, you may not access or use the Services. These Terms constitute a legally binding agreement between you and FredoCloud.
2. Services Description
FredoCloud provides digital marketing, lead generation, web development, and related business services. We collect, process, and distribute lead information for business purposes, subject to applicable laws and regulations.
We reserve the right to modify, suspend, or discontinue any part of our Services at any time without notice or liability.
3. Registration and Account Security
To access certain features of our Services, you may need to register for an account. You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
You are responsible for safeguarding your password and for all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account.
We reserve the right to disable any user account at any time if, in our opinion, you have failed to comply with any provision of these Terms.
4. User Conduct
In connection with your use of the Services, you agree not to:
- Violate any applicable law, regulation, or these Terms;
- Infringe the rights of any third party, including privacy, intellectual property, or other proprietary rights;
- Use the Services to transmit any content that is unlawful, harmful, threatening, abusive, harassing, defamatory, vulgar, obscene, or otherwise objectionable;
- Attempt to gain unauthorized access to any portion of the Services or any other systems or networks connected to the Services;
- Use any automated means, including bots, scrapers, or spiders, to access the Services;
- Interfere with or disrupt the integrity or performance of the Services;
- Submit false or misleading information;
- Misrepresent your identity or affiliation with any person or entity;
- Engage in any conduct that restricts or inhibits anyone's use or enjoyment of the Services.
5. Fees and Payment
Some of our Services may require payment of fees. You agree to pay all fees in accordance with the pricing and payment terms presented to you for the applicable Services.
All fees are exclusive of taxes, which we may charge you as required by law. You are responsible for all applicable taxes, and we shall automatically charge you for any such taxes that we determine we are required to collect.
Unless otherwise stated, all fees are non-refundable. We reserve the right to change our fees at any time upon notice.
6. Intellectual Property Rights
The Services and their entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof), are owned by FredoCloud, its licensors, or other providers of such material and are protected by copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.
These Terms permit you to use the Services for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Services, except as generally and ordinarily permitted through the Services according to these Terms.
Any feedback, comments, or suggestions you may provide regarding the Services is entirely voluntary, and we are free to use such feedback, comments, or suggestions as we see fit without any obligation to you.
7. Confidentiality
You acknowledge that the Services may contain confidential information and materials, trade secrets, and proprietary information. You agree to maintain the confidentiality of any proprietary information made available to you through the Services.
8. Lead Generation and Marketing Communications
8.1 Telephone Consumer Protection Act (TCPA) Notice
By providing your telephone number and checking the "I agree to the Terms of Service" box, you expressly consent to receive telemarketing calls, including those made by auto-dialer or pre-recorded message, from us and our partners at the telephone number provided, including if this number is on any state or national do-not-call list. Message and data rates may apply.
8.2 Consent for Marketing Communications
By submitting your information through our website or services, you consent to receive marketing and promotional communications from us and our third-party partners via email, phone, text message, or postal mail. This includes information about our products, services, surveys, notifications, and promotional offers.
8.3 Opt-Out Rights
You can opt out of receiving marketing communications at any time by:
- Following the unsubscribe instructions included in each marketing email
- Texting "STOP" in response to any text message
- Contacting us at support@fredocloud.com
Please note that even if you opt out of receiving marketing communications, we may still send you non-promotional communications, such as those about your account or our ongoing business relations.
9. Disclaimers and Limitations of Liability
9.1 Disclaimer of Warranties
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKE THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
9.2 Limitation of Liability
IN NO EVENT WILL FREDOCLOUD, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
9.3 Limitations Period
ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.
10. Indemnification
You agree to defend, indemnify, and hold harmless FredoCloud, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Services.
11. Governing Law and Dispute Resolution
These Terms and any disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the state of California, without giving effect to any principles of conflicts of law.
Any legal action or proceeding arising out of or relating to these Terms or the Services shall be brought exclusively in the federal or state courts located in Los Angeles County, California, and you consent to the personal jurisdiction of such courts.
12. Termination
We may terminate or suspend your access to all or part of the Services, without notice, for any conduct that we, in our sole discretion, believe is in violation of any applicable law or is harmful to the interests of another user, a third party, or us.
Upon termination, your right to use the Services will immediately cease. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
13. California Consumer Rights Notice
If you are a California resident, you may have certain rights regarding your personal information under the California Consumer Privacy Act (CCPA) and other California privacy laws. Please refer to our Privacy Policy for more information about these rights and how to exercise them.
14. General Provisions
14.1 Entire Agreement
These Terms, together with our Privacy Policy, constitute the entire agreement between you and FredoCloud regarding the Services and supersede all prior and contemporaneous agreements, proposals, or representations, written or oral, concerning the Services.
14.2 Waiver and Severability
No waiver by FredoCloud of any term or condition set forth in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of FredoCloud to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.
If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect.
14.3 Assignment
You may not assign or transfer these Terms, by operation of law or otherwise, without FredoCloud's prior written consent. Any attempt by you to assign or transfer these Terms without such consent will be null and void. FredoCloud may freely assign or transfer these Terms without restriction.
15. Contact Information
If you have any questions or concerns about these Terms or the Services, please contact us at:
FredoCloud, Inc.
Email: support@fredocloud.com
Phone: (555) 123-4567
Address: 123 Business Street, Los Angeles, CA 90001