Your acceptance of this Agreement does not affect any pre-existing written agreements between you and Fidelis, which shall remain fully effective as per their terms. If a written agreement between you and Fidelis regarding the Service is in place, that agreement shall take precedence in case of any inconsistency between it and this Agreement.
Purpose of the Service
The Service offers various features, products, and services designed to assist you in creating and maintaining comprehensive records, including data related to individuals, business assets, personal belongings, insurance policies, and warranties. It's important to note that the Service is not intended to provide legal, tax, or financial advice. NEITHER FIDELIS NOR THE SERVICE INTENDS TO OFFER LEGAL, TAX, OR FINANCIAL ADVICE. FIDELIS IS NOT A FINANCIAL PLANNER, BROKER, OR TAX ADVISOR AND DOES NOT PROVIDE PROOF OF RECORD OWNERSHIP OR POSSESSION. The Service aims solely to help you manage record inventories, and its scope is broad. Given the uniqueness of your personal situation, any information or advice acquired through the Service may not be suitable for your circumstances. Therefore, it's recommended to seek advice from your accountant or financial advisors, fully aware of your specific situation, before making any final decisions or implementing record management, insurance, or financial strategies. You acknowledge that Fidelis disclaims any responsibility or liability related to your use of the Service (refer to "Disclaimer of Warranties" below).
Use of the Service
Access to the Service may involve the use of compatible internet browsers or mobile devices and could require network connections and software. You acknowledge that you are solely responsible for fulfilling these requirements, including any associated changes, updates, fees, and terms as agreed with your mobile device and telecommunications provider. Your right to access and utilize the Service is personal and non-transferable. The Service is to be used only for lawful purposes. To ensure the efficacy of the Service, accurate information is essential. You must provide true, accurate, current, and complete data about your accounts and not misrepresent your registration information. Keeping your registration information current and accurate is crucial for the effective functioning of the Service. You understand that Fidelis may use your feedback, suggestions, or ideas for various purposes, including future modifications to the Service, other products or services, advertising, or marketing materials. By providing feedback, you grant Fidelis a perpetual, worldwide, fully-transferable, sub-licensable, irrevocable, fully paid-up, royalty-free license to use your feedback as deemed necessary. Additionally, you agree not to engage in activities that may compromise the Service, such as unauthorized data gathering, interference with the Service's functioning, posting harmful files, or attempting to decipher the Service's software code.
Compliance and Minors
Your usage of the Service must conform to all applicable international, federal, state, and local laws and regulations. You warrant and represent that your use of the Service will not involve any unlawful or prohibited activities as per this Agreement. Furthermore, the Service is not intended for use by individuals under the age of 18. By utilizing the Service, you confirm that you are at least 18 years old. Should you be below 18 years old, do not access, use, or register for the Service. Fidelis reserves the right to terminate your access if it becomes evident that you are under 18.
To effectively use the Service, you must first create a User Account. This process necessitates the submission of personal information to Fidelis, such as your name, address, contact number, and more. If you choose to set up your User Account for electronic payment of certain fee-based services, you will also need to provide valid payment information (credit card or accepted payment partner). You grant Fidelis the right to share any information you provide for third-party purposes related to monetary transactions initiated by you. Charges for Services may apply, and you agree to be informed of such charges. You understand that your continued use of the Services post-notice may result in charges. Moreover, you are responsible for maintaining the confidentiality of your User Account credentials and should notify Fidelis promptly in case of unauthorized use or security breaches. Fidelis shall not be held liable for any losses stemming from unauthorized account use or inadequate confidentiality measures.
When using the Service, you may submit information, data, images, and other materials (termed "User Content"). You warrant that your User Content will not infringe upon third-party rights, violate laws, or engage in harmful activities. You grant Fidelis the right to use and store your User Content solely for the purpose of providing the Service. This includes the use of your name and logo for display on Fidelis' website and marketing materials. By submitting User Content, you represent that you have the right to provide it for this purpose without any obligation for payment or restrictions from Fidelis.
Access to Third Party Accounts
Using the Service, you may access third-party websites and accounts (e.g., Facebook®, Twitter®) and authorize Fidelis to access your account information on your behalf. By doing so, you grant Fidelis the authority to act as your agent when accessing these third-party sites and using your provided information. You understand and agree that while Fidelis accesses third-party information, it acts as your agent and not on behalf of the third party. The Service is not sponsored or endorsed by any third parties accessible through it.
Intellectual Property Rights
Text, images, graphics, icons, designs, sounds, data, and other materials on the Service (collectively "Fidelis Content") as well as the Technology utilized (e.g., software, algorithms) are protected by intellectual property laws and are owned or licensed by Fidelis. You may use available Fidelis Content and Technology for personal and internal business purposes only, but not for third-party use. Printing a copy of Fidelis Content is permissible for such purposes, provided that copyright and other notices are not removed. Distribution, publication, modification, or exploitation of Fidelis Content and Technology for other purposes requires Fidelis' written permission. All intellectual property rights remain vested in Fidelis.
Links to and from Other Websites
Use of "Cookies" and Similar Tools
You acknowledge that Fidelis may store information in the form of cookies or similar tools to enhance Service functionality.
Disclaimer of Warranties
Fidelis does not guarantee the continuous availability of the Service. Access may be interrupted due to various reasons. Fidelis does not guarantee the accuracy, completeness, reliability, or currency of User Content, Fidelis Content, or Technology. The Service is for informational purposes only and does not imply endorsement of any product, service, or merchant. FIDELIS MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. Fidelis disclaims all warranties regarding the Service's availability, telecommunication services, security, and other aspects.
Limitations on Liability
Fidelis, its agents, licensors, service providers, and other entities involved in the Service are not liable for any direct, indirect, incidental, special, consequential, or punitive damages. This includes damages associated with the use of the Service, unauthorized use of the Service, service provision, errors in content, or property loss resulting from viruses or other harmful components. These limitations apply regardless of the form of action and even if Fidelis was informed about the possibility of damages.
You agree to indemnify and hold Fidelis, its agents, licensors, service providers, and their officers, directors, employees, and representatives harmless from claims, liabilities, costs, and expenses arising from your breach of this Agreement or your use of the Service.
If you believe your work has been copied or your intellectual property rights have been infringed, please provide Fidelis' designated agent with specific information as required by copyright laws.
Governing Law; Disputes; Enforceability
This Agreement is governed by the laws of the jurisdiction where Fidelis is registered, without regard to conflicts of law. You submit to the personal jurisdiction of the courts in that jurisdiction and waive objections to the same. Disputes arising from or related to your use of the Service shall be brought exclusively to the courts in the designated jurisdiction, and you consent to the same. If any provision of this Agreement is deemed void or unenforceable, the remaining provisions shall remain effective.
Fidelis may assign this Agreement and its rights and obligations to an affiliated company, in a merger or acquisition scenario, or in the sale of assets related to the Service. Your assignment of this Agreement requires Fidelis' prior written consent.
This Agreement commences upon your first use of the Service and continues as long as you have access or until Fidelis discontinues the Service or closes your User Account. Fidelis may terminate the Service or your User Account based on various factors. The Service should not be used as a backup or storage service for User Content.