Terms and Conditions
Table of Contents
By using the product and service (“Product & Service”) provided at the Fogwing Cloud (“Site”), or any services from Factana Computing (“Factana”), you are agreeing to be bound by the following terms and conditions (“Terms and condition”). These Terms of Service together with any applicable order form constitute the entire and exclusive understanding and agreement between Factana and you regarding the Product and Service, and these Terms of Service supersede and replace any and all prior oral or written understandings or agreements between Factana and you regarding the Services, however if an order form differs from these Terms of Service then the order form supersedes these Terms of Service.
IF YOU ARE ENTERING INTO THESE TERMS OF SERVICE ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY TO THESE TERMS AND CONDITIONS, IN WHICH CASE THE TERMS “YOU” OR “YOUR” WILL REFER TO SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS OF SERVICE, YOU MUST NOT ACCEPT THESE TERMS AD CONDITIONS AND MAY NOT USE THE SERVICES.
We may modify the Terms and conditions at any time, in our sole discretion. If we do so, we’ll let you know either by posting the modified Terms and condition on the Site or through other communications. It’s important that you review the Terms and condition whenever we modify them because if you continue to use the product or Service after we have posted modified Terms and condition on the Site, you are indicating to us that you agree to be bound by the modified Terms and condition. If you don’t agree to be bound by the modified Terms and condition, then you may not use the product or Service anymore. Because our product and Services are evolving over time we may change or discontinue all or any part of the product or Service, at any time and without notice, at our sole discretion.
If you violate any of the terms in the Terms and condition, we can terminate your Account in our sole discretion. You agree to use the Product or Service at your own risk.
You must be 13 years or older to use this Product Service.
- Only human beings may use the Product or Service, which you can only use if you create an account (“Account”). We don’t allow for bots or other automation tools to register Accounts and registering an Account this way is prohibited.
- You must provide the information we need to complete your registration for an Account, including your name, a valid email address, and any other information we ask for during the registration process.
- You’re not allowed to share your login information with others. Only one person may use a login, but if you are on a plan that includes multiple users, you may create as many separate logins for people as your plan allows.
- You are responsible for maintaining the security of your Account and password. Factana cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You are responsible for all Content posted and activity that occurs under your Account (even when Content is posted by others who have Accounts under your Account).
- The free Account is limited to one per person or legal entity. You can’t have more than one free Account.
- You may not use the Product and Service for any illegal or unauthorized purpose. When using the Product and Service, you agree not to violate any laws in your jurisdiction (including but not limited to copyright or trademark laws).
We allow our users to access their Account data via an API (Application Program Interface). Any use of the API, including use of the API through a third-party product that accesses Fogwing, is bound by these Terms and condition, including the following terms that are specific to the use of the API:
- You expressly understand and agree that Factana will not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses (even if Factana has been advised of the possibility of such damages), resulting from your use of the API or third-party products that access data via the API.
- Excessively frequent requests to Fogwing via the API or other forms of abuse of the API may result in the temporary or permanent suspension of your Account’s access to the API. Fogwing, in its sole discretion, will determine abuse or excessive usage of the API. Fogwing will make a reasonable attempt via email to warn the Account owner prior to suspension.
- Factana reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the API (or any part thereof) with or without notice.
Payment, Refunds, Upgrading and Downgrading Terms
- If you have a paid plan, you must enter valid payment information. Free Accounts don’t require payment information.
- If you upgrade from the free plan to any paying plan, we will immediately bill you so can start using the product and Service at the paid level.
- For monthly payment plans, we will bill you in advance on a monthly basis. Payment is non-refundable. We don’t issue refunds or credits for partial months of service, refunds for upgrading or downgrading your paid plan, or refunds for unused months with an open Account. If you have a paid plan for a specific number of devices and your number of devices increases between billing periods such that your devices exceeds the number allowed by your plan, we will charge you at the end of that period in arrears for any devices that exceed the number of devices allowed by your plan during that prior billing period. Note that this arrears billing is in addition to the billing in advance for your monthly plan. When changing from a monthly billing cycle to a yearly billing cycle, Factana will bill for a full year at the next monthly billing date.
- All fees do not include any taxes, levies, or duties imposed by taxing authorities (federal or state or county), and you will be responsible for payment of all such taxes, levies, or duties, excluding United States and India taxes
- For any change in plan level while on a monthly billing cycle, the credit card that you provided will automatically be charged the new rate on your next billing cycle. For changes while on a yearly plan, Factana will immediately charge or refund the difference in plan cost, prorated for the remaining time in your yearly billing cycle.
- Downgrading your Service may cause the loss of Content, features, or capacity of your Account. Factana does not accept any liability for such loss.
Cancellation and Termination
- You are solely responsible for properly canceling your Account, based on the methods provided by Factana on the Site. All your User Content will be immediately deleted from the Service upon cancellation. This information cannot be recovered once your Account is cancelled.
- If you cancel the Service before the end of your current paid up month, your cancellation will take effect immediately and you will not be charged again.
- Factana, in its sole discretion, has the right to suspend or terminate your Account and refuse any and all current or future use of the Product and Service, or any other Factana service, for any reason at any time. Such termination of the Service will result in the deactivation or deletion of your Account or your access to your Account, and the forfeiture and relinquishment of all User Content in your Account.
- If your Account is in good standing, Factana / Fogwing may, in its sole discretion, and without obligation, repay the unused portion of any prepaid fees for the Product or Service.
- In the event that Factana or Fogwing suspends or terminates your Account, we will make a reasonable effort to provide you with a copy of the Account contents upon request, unless the Account was suspended or terminated due to unlawful conduct.
Modifications to the Products or Services and Prices
- Factana reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
- Prices of all features of the Product or Service, including but not limited to monthly subscription plan fees to the Product or Service, are subject to change upon 30 days’ notice from us. Such notice may be provided at any time by posting the changes to our Site or the Service itself.
- Factana will not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.
Copyright and Content Ownership
- For purposes of these Terms and condition: (i) “Content” means text, graphics, images, music, software, audio, video, works of authorship of any kind, and information or other materials that are posted, generated, provided or otherwise made available through the Service. Subject to your compliance with these Terms and condition, Factana grants you a limited, non-exclusive, non-transferable, non-sublicensable license to download, view, copy, display and print the Content solely in connection with your permitted use of the Product and Service.
- We claim no intellectual property rights over the Content our users provide to the product and Service (“User Content”). Your profile and User Content uploaded remain yours. However, by setting your pages to be viewed publicly, you agree to allow others to view your User Content. By setting your repositories to be viewed publicly, you agree to allow others to view and fork your User Content.
- Factana does not pre-screen User Content, but Factana and its designee have the right (but not the obligation) in their sole discretion to refuse or remove any User Content that is available via the Service. While Factana prohibits certain conduct and User Content on the Product and Service, you understand and agree that Factana cannot be responsible for the User Content posted on the Service and you nonetheless may be exposed to such materials.
- You will defend Factana against any claim, demand, suit or proceeding made or brought against Factana by a third-party alleging that your User Content, or your use of the Product or Service in violation of this Agreement, infringes or misappropriates the intellectual property rights of a third-party or violates applicable law, and will indemnify Factana for any damages finally awarded against, and for reasonable attorney’s fees incurred by, Factana in connection with any such claim, demand, suit or proceeding; provided, that Factana (a) promptly gives you written notice of the claim, demand, suit or proceeding; (b) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases Factana of all liability); and (c) provides to you all reasonable assistance, at your expense.
- Your use of the Product and Service is at your sole risk. The Product and Service is provided on an “as is” and “as available” basis.
- Support for the Product and Service is only available in English, via email and chat interface via the Site.
- You understand that Factana uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the product and Service.
- You may not modify, adapt or hack the Service or modify another website to falsely imply that it is associated with the Service, Factana, or any other Factana service.
- You may use the product or Service solely as permitted and intended to host your organization pages, personal pages, or project pages, and for no other purpose.
- You may not use Factana in violation of Factana’s trademark or other rights or in violation of applicable law.
- You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Product or Service, use of the Product or Service, or access to the Service without the express written permission by Factana.
- Open source software licenses for components of the Services released under an open source license constitute separate written agreements. To the limited extent that the open source software licenses expressly supersede these Terms of Service, the open source licenses govern your agreement with Factana for the use of the components of the Services released under an open source license.
- We may, but have no obligation to, remove Content and Accounts containing Content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.
- Verbal, physical, written or other abuse (including threats of abuse or retribution) of any Factana customer, employee, member, or officer will result in immediate Account termination.
- You understand that the technical processing and transmission of the Product and Service, including your User Content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
- You must not upload, post, host, or transmit unsolicited email, SMSs, or “spam” messages.
- You must not transmit any worms or viruses or any code of a destructive nature.
Your Account may have usage limits, as further explained on the Fogwing site or other documentation provided by Factana. Factana reserves the right to enforce usage limits in our sole discretion, at which point you will be required to either decrease your usage immediately or move to a paid subscription plan that accommodates the your usage and Factana will charge you in arrears for your usage that exceeds your plan’s permitted amount.
Factana does not warrant that (i) the Service will meet your specific requirements, (ii) the Service will be uninterrupted, timely, secure, or error-free, (iii) the results that may be obtained from the use of the Service will be accurate or reliable, (iv) the quality of any products, services, information, or other material purchased or obtained by you through the Service will meet your expectations, and (v) any errors in the Service will be corrected.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT FACTANA WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF FACTANA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (I) THE USE OR THE INABILITY TO USE THE SERVICE; (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (IV) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICE; (V) OR ANY OTHER MATTER RELATING TO THE SERVICE.
The failure of Factana to exercise or enforce any right or provision of the Terms of Service will not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and Factana and govern your use of the Service, superseding any prior agreements between you and Factana (including, but not limited to, any prior versions of the Terms of Service). You agree that these Terms of Service and Your use of the Service are governed under laws of the India.
Questions about the Terms of Service should be sent to our mail info(at)factana.com