Terms of Service

Article 1: Introduction and Acceptance

This Terms of Service Agreement (the "Agreement") constitutes a legally binding contract between you ("User," "you," or "your") and Fuuze, Inc. ("Fuuze," "Company," "we," "us," or "our"), governing your access to and use of the Fuuze membership platform, including, but not limited to, the Fuuze iOS and Android applications, application programming interfaces (APIs), official websites (including www.fuuze.app), and all related services (collectively, the "Services"). By registering an account, accessing, or utilizing the Services in any manner, you acknowledge that you have read, understood, and irrevocably agree to be bound by all terms and conditions set forth within this Agreement, as well as any and all incorporated policies referenced herein, including but not limited to our Privacy Policy and Community Guidelines. Should you disagree with any provision of this Agreement, you are expressly prohibited from using the Services and must discontinue use immediately.

Article 2: Definitions

For the purposes of this Agreement, the following terms shall have the meanings ascribed to them below:

• "Creator" refers to a User who utilizes the Services to publish content, offer subscriptions, and receive financial support from Supporters.
• "Supporter" refers to a User who utilizes the Services to provide financial support to a Creator in exchange for access to specific benefits, content, or offerings.
• "Content" or "Creations" encompasses any and all text, graphics, images, audio, video, data, and any other form of material uploaded, posted, transmitted, or otherwise made available on the Services by a User.
• "Platform Fees" refers to the compensation due to Fuuze for the provision of the Services, as detailed in Article 6.

Article 3: Account Registration and Security

As a condition precedent to using the Services, you must register for an account. You hereby represent and warrant that:

• All registration information you provide is and will remain accurate, current, and complete.
• You are at least thirteen (13) years of age, or of the legal age of consent for data processing in your jurisdiction.
• To act as a Creator or to make any purchase on the platform, you are at least eighteen (18) years of age, or have the express permission of a parent or legal guardian.
• You are solely responsible for all activities that occur under your account credentials and for maintaining the confidentiality and security of your password. You must notify Fuuze immediately upon becoming aware of any breach of security or unauthorized use of your account.

Article 4: Acceptable Use and Conduct

You agree not to engage in any of the following prohibited activities:

• Violating any applicable law, statute, ordinance, or regulation.
• Infringing upon the intellectual property rights, privacy rights, or publicity rights of any third party.
• Harassing, abusing, threatening, or intimidating any other User.
• Uploading or transmitting any Content that is unlawful, obscene, defamatory, or otherwise objectionable as detailed in our Community Guidelines.
• Using the Services for any unauthorized commercial purpose or in a manner that could damage, disable, overburden, or impair the functionality of the Services.
• Engaging in any fraudulent or deceptive activities, including the initiation of fraudulent chargebacks.

Fuuze reserves the exclusive right, in its sole and absolute discretion, to review, screen, and remove any Content, and to suspend or terminate a User's access to the Services for any actual or suspected violation of this Agreement.

Article 5: Creator Obligations and Representations

Creators who receive revenue through the Services are subject to additional terms:

• Financial Compliance: You are solely responsible for understanding and complying with all applicable tax laws and regulations related to your earnings. You agree to provide Fuuze with accurate tax identification information and any supporting documentation upon request.
• Content Licensing: By posting Content to the Services, you grant Fuuze a worldwide, perpetual, irrevocable, non-exclusive, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, and display such Content in connection with the operation, promotion, and marketing of the Services.
• Withholding of Funds: You acknowledge and agree that Fuuze may block, suspend, or withhold access to accrued funds in the event of a suspected violation of this Agreement, for compliance with legal obligations, or for the assessment of tax liability.

Article 6: Fees, Billing, and Taxation

• Fees: Use of certain Services is subject to the payment of fees. You agree to pay all applicable fees as described at the point of purchase. Fuuze reserves the right to modify its fee structure upon prior notice to you.
• Tax Collection: Where mandated by applicable law, Fuuze shall collect from Supporters any and all transactional taxes, including Value Added Tax (VAT), Goods and Services Tax (GST), or sales tax, and shall remit such taxes to the relevant taxing authorities. The tax amount will be displayed to the Supporter at the time of transaction and will be itemized within the Creator's earnings report.
• No Refunds: All payments made through the Services are final and non-refundable, except as required by law or at the sole and absolute discretion of Fuuze. Payments processed through third-party platforms (e.g., Apple App Store, Google Play Store) are subject to the refund policies of those platforms.

Article 7: Intellectual Property Rights

• User Content: As between you and Fuuze, you retain all ownership rights in the Content you submit to the Services. However, by submitting Content, you grant Fuuze the license specified in Article 5.
• Fuuze Property: The Services, including their entire contents, features, and functionality (including but not limited to all software, logos, trademarks, and source code), are the exclusive property of Fuuze and are protected by international copyright, trademark, patent, and other intellectual property laws. You are granted a limited, non-exclusive, non-transferable license to access and use the Services for their intended purpose.

Article 8: Disclaimer of Warranties and Limitation of Liability

• No Warranty: THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. FUUZE EXPLICITLY DISCLAIMS ALL IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
• Limitation of Liability: TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FUUZE, ITS DIRECTORS, OFFICERS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATING TO YOUR USE OF THE SERVICES. OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING FROM THIS AGREEMENT SHALL NOT EXCEED THE TOTAL AMOUNT OF FEES ACTUALLY RECEIVED BY FUUZE FROM YOU IN THE SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

Article 9: Indemnification

You agree to defend, indemnify, and hold harmless Fuuze, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including without limitation reasonable attorney's fees) arising from: (a) your use of and access to the Services; (b) your violation of any term of this Agreement; or (c) your violation of any third-party right, including any intellectual property or privacy right.

Article 10: Governing Law and Dispute Resolution

• Governing Law: This Agreement and any dispute related thereto shall be governed by and construed in accordance with the laws of France, without regard to its conflict of law principles.
• Mandatory Jurisdiction: The parties irrevocably consent that the state courts located in Paris, France shall have exclusive jurisdiction to settle any dispute or claim that arises out of or in connection with this Agreement.

Article 11: Miscellaneous Provisions

• Assignment: You may not assign or transfer any of your rights or obligations under this Agreement without the prior written consent of Fuuze.
• Severability: If any provision of this Agreement is deemed invalid or unenforceable, that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions will remain in full force and effect.
• Entire Agreement: This Agreement, together with all policies incorporated by reference, constitutes the entire and exclusive understanding between you and Fuuze regarding the Services and supersedes all prior agreements, negotiations, and discussions.
• Amendments: Fuuze reserves the right to modify this Agreement at any time. We will provide notice of material changes. Your continued use of the Services following such notification constitutes your acceptance of the revised terms.

Contact Information: For any questions regarding this Agreement, you may contact us at: [email protected].