TERMS OF SERVICE

Welcome to Fonn

This page tells you the terms and conditions for our online service for field construction management available through our web applications, mobile applications and our website (and related websites), other related services, downloadable software, as well as other services provided by us (collectively referred to as “Service”) whether as a registered user or guest. Please read carefully before accessing or using our Service.

Overview

This service if operated by Fonn AS (“Fonn”). In the US, it is managed by Fonn Inc.(“Fonn Inc”), registered at 206 E. 9th Street, Suite 1300, Austin, TX 78701. Throughout the Service, the terms “Fonn”, “we”, “us” and “our” refer to Fonn.

By accessing or using any part of the Service, including all information, tools, apps and services available, you agree to be bound by these terms and conditions (referred to as “Terms of Service”, “Terms”). If you do not agree to all the Terms of Service of this agreement, then you may not access or use the Service. Any new features or tools which are added to the current Service shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our Service. It is your responsibility to check this page periodically for changes. Your continued use of or access to the Service following the posting of any changes constitutes acceptance of those changes.

The paragraph headings in these Terms of Service are solely for the convenience of the parties and have no legal or contractual significance.

SECTION 1 - ELIGIBILITY

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your state or province of residence. If you are using the Service on behalf of an entity, organization, or company, you represent and warrant that you have the authority to bind such organization to these Terms and you agree to be bound by these Terms on behalf of such organization.

SECTION 2 – USE OF THE SERVICE

Subject to your continued compliance with these Terms, Fonn grants you a limited, non-exclusive, non-transferable, non-sublicensable right to access and use the Service solely in connection with your business operations. Such access and use shall comply with limitations as determined by the subscription plan you have agreed to and purchased from Fonn. To access some features of the Service, you must register for an account. You agree to accept responsibility for all activities that occur under your account.

We reserve the right, but are not obligated, to limit the availability of our Service to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to refuse service to anyone for any reason at any time. You understand that your content involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Login information is always encrypted during transfer over networks. You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without express written permission by us.

You may not use our Service for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws). You must not transmit any worms or viruses or any code of a destructive nature. A breach or violation of any of the Terms will result in an immediate termination of your Services.

SECTION 3 – OWNERSHIP, PROPRIETARY RIGHTS, AND ACCURACY

The Service is owned and operated by Fonn. The visual interfaces, graphics, design, compilation, information, data computer code (including source code or object code), products, software, services and all other elements of the Service (the “Materials”) provided by Fonn are protected by all relevant intellectual property and proprietary rights and applicable laws. All Materials contained in the Service, and all intellectual property rights are the property of Fonn or our third-party licensors. Fonn reserves all rights to the Materials not granted expressly in these Terms.

Materials appearing on our Service could include technical, typographical, or photographic errors. We do not warrant that any of the Materials of our Service is accurate, complete or current. We may make changes to the Materials contained on our Service at any time without notice. However we do not make any commitment to update the Service. Any reliance on the Materials on this site is at your own risk. The Service may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only.

SECTION 4 - MODIFICATIONS TO THE SERVICE AND PRICES

All descriptions of the Service or Service pricing are subject to change without notice, at the sole discretion of us. We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We reserve the right to modify or discontinue the Service (or any part of content thereof) without notice at any time, although we will make reasonable efforts to notify you of such change by sending an email to any address you may have used to register for an account, or through other mechanisms. We do not warrant that the quality of any services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected. We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

SECTION 5 – THIRD-PARTY SERVICES

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input. You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools. Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s). We may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

The Service may also contain links to third-party websites. Such linked websites are not under our control, and we are not responsible for their services.

SECTION 6 - USER CONTENT

Certain features of the Service may permit users to submit and publish on or through the Service a variety of content, including floorplans, blueprints, maps, messages, photos, images, video, data, text, documents, correspondence, and other types of works (collectively referred to as “User Content”). You are solely responsible for your User Content and the consequences of posting or publishing User Content. You retain ownership of all copyright and any other proprietary rights in the User Content that you post to the Service, and you do not transfer ownership of any intellectual property rights in your User Content to Fonn.

By publishing or sharing User Content with other users through the Service, you hereby grand the recipient of such User Content a non-exclusive license to access and use such User Content as defined by these Terms and the functionality of the Service (including functionality that allows further sharing of such User Content).

SECTION 7 - PERSONAL INFORMATION

Your submission of personal information through the Service is governed by our Privacy Policy.

SECTION 8 – BILLING

You agree to pay to Fonn Inc all fees for subscriptions purchased by you or on your behalf through a written agreement between you and Fonn Inc, including in each case any applicable taxes (referred to as “Subscription Fees”). Subscription Fees are nonrefundable unless otherwise described in writing between the parties. In the event of any change in the Subscription Fees, Fonn Inc will send you a notice of such change in advance of renewal. You must cancel a subscription prior to renewal to avoid incurring Subscription Fees for the renewal term. If you are using the Service on behalf of an organization, your use of the Service may be covered under that organisation’s agreement with Fonn Inc and you may not be required to pay Subscription Fees.

Subscription Fees will be billed upon the initiation (or modification) of your subscription, and thereafter at the beginning of each period (as defined in the written agreement) during the term of your subscription. If we make an error on your bill, you must notify us within thirty (30) days of the invoice date. Following such notification, we shall verify the information you have provided us and make any appropriate adjustments where applicable. If, for any reason, you fail to make timely and full payment of an invoice, we may (a) for each month such amount remains overdue, assess a late charge on the overdue amount per month; and (b) prohibit you from using the Service. Such late charges must be paid when Fonn Inc bills for them.

SECTION 9 - DISCLAIMER OF WARRANTIES; LIMITATION OF LIABILITY

We do not guarantee, represent or warrant that your use of our Service will be uninterrupted, timely, secure or error-free. We do not warrant that the results that may be obtained from the use of the Service will be accurate or reliable. You agree that from time to time we may remove the Service for indefinite periods of time or cancel the Service at any time, without notice to you. You expressly agree that your use of, or inability to use, the Service is at your sole risk. The Service and all products and services delivered to you through the Service are (except as expressly stated by us) provided 'as is' and 'as available' for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Fonn, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the Service, or for any other claim related in any way to your use of the Service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the Service or any content posted, transmitted, or otherwise made available via the Service, even if advised of their possibility.

Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, our liability shall be limited to the maximum extent permitted by law.

SECTION 10 - INDEMNIFICATION

You agree to indemnify, defend and hold harmless Fonn and our subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

SECTION 11 - SEVERABILITY

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

SECTION 12 - TERMINATION

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to subscribe to our Service. Fonn Inc shall have no obligation to provide you with a refund for any pre-paid period or unused Service. Once your account is terminated, you will no longer have access to certain parts of the Service. Your data is stored for a given period as governed by law.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination, and/or accordingly may deny you access to our Services (or any part thereof).

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

SECTION 13 - ENTIRE AGREEMENT

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision. These Terms of Service and any policies or operating rules posted by us on this site or in respect to the Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service). Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

SECTION 14 - GOVERNING LAW

These Terms of Service and any separate agreements whereby we provide you Service shall be governed by and construed in accordance with The State of Texas’ laws. You acknowledge and agree that any dispute related to the agreement or the service itself will be decided by the state or federal courts in Travis County, Texas, and each party consents to personal jurisdiction in those courts.

SECTION 15 - GOVERNING REGULATIONS

We are not responsible if the system is not in line with government, state and county regulations and directives relevant to your industry. It is your responsibility to ensure that you are conforming to regulations and directives for the industry you are operating in.

SECTION 16 - CHANGES TO TERMS OF SERVICE

You can review the most current version of the Terms of Service at any time at this page. We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use or access of the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

SECTION 17 - CONTACT INFORMATION

Questions about the Terms of Service should be sent to hello@fonn.io.

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