Term Of Service

Last updated: November 3, 2021

INTRODUCTION
1. Welcome to the Fytic platform (the “Service”). Please read the following Terms of Service carefully before using this Service or opening a Fytic account (“Account”) so that you are aware of your legal rights and obligations with respect to Fytic Sdn Bhd. and its affiliates and subsidiaries (individually and collectively, “Fytic”, AIMAI 91, “we”, “us” or “our”). The “Services” we provide or make available include (a) the Service, (b) the services provided by the Service and by Fytic client software made available through the Service, and (c) all information, linked pages, features, data, text, images, photographs, graphics, music, sounds, video, messages, tags, content, programming, software, application services (including, without limitation, any mobile application services) or other materials made available through the Service or its related services (“Content”). Any new features added to or augmenting the Services are also subject to these Terms of Service. These Terms of Service govern your use of Services provided by Fytic.
2. The Services include an online platform service that provides a place and opportunity for the sale of goods between the buyer (“Buyer”) and the seller (“Seller”) (collectively “you”, “Users” or “Parties”). The actual contract for sale is directly between Buyer and Seller and Fytic is not a party to that or any other contract between Buyer and Seller and accepts no obligations in connection with any such contract. Parties to such transaction will be entirely responsible for the sales contract between them, the listing of goods, warranty of purchase and the like. Fytic is not involved in the transaction between Users. Fytic may or may not pre-screen Users or the Content or information provided by Users. Fytic reserves the right to remove any Content or information posted by you on the Service in accordance to Section 7 herein. Fytic cannot ensure that Users will actually complete a transaction.
3. Before becoming a User of the Service, you must read and accept all of the terms and conditions in, and linked to, these Terms of Service and you must consent to the processing of your personal data as described in the Privacy Policy linked hereto.
4. Fytic reserves the right to change, modify, suspend or discontinue all or any part of this Service or the Services at any time or upon notice as required by local laws. Fytic may release certain Services or their features in a beta version, which may not work correctly or in the same way the final version may work, and we shall not be held liable in such instances. Fytic may also impose limits on certain features or restrict your access to parts of, or the entire, Service or Services in its sole discretion and without notice or liability.
5. Fytic reserves the right to refuse to provide you access to the Service or Services or to allow you to open an Account for any reason.
BY USING Fytic SERVICES OR OPENING AN ACCOUNT, YOU GIVE YOUR IRREVOCABLE ACCEPTANCE OF AND CONSENT TO THIS TERMS OF SERVICE, INCLUDING THOSE ADDITIONAL TERMS AND CONDITIONS AND POLICIES REFERENCED HEREIN AND/OR LINKED HERETO.
IF YOU DO NOT AGREE TO THESE TERMS, PLEASE DO NOT USE OUR SERVICES OR ACCESS THE SITE. IF YOU ARE UNDER THE AGE OF 18 OR THE LEGAL AGE FOR GIVING CONSENT HEREUNDER PURSUANT TO THE APPLICABLE LAWS IN YOUR COUNTRY (THE “LEGAL AGE”), YOU MUST GET PERMISSION FROM A PARENT OR LEGAL GUARDIAN TO OPEN AN ACCOUNT AND THAT PARENT OR LEGAL GUARDIAN MUST AGREE TO THIS TERMS OF SERVICE. IF YOU DO NOT KNOW WHETHER YOU HAVE REACHED THE LEGAL AGE, OR DO NOT UNDERSTAND THIS SECTION, PLEASE DO NOT CREATE AN ACCOUNT UNTIL YOU HAVE ASKED YOUR PARENT OR LEGAL GUARDIAN FOR HELP. IF YOU ARE THE PARENT OR LEGAL GUARDIAN OF A MINOR WHO IS CREATING AN ACCOUNT, YOU MUST ACCEPT THIS TERMS OF SERVICE ON THE MINOR’S BEHALF AND YOU WILL BE RESPONSIBLE FOR ALL USE OF THE ACCOUNT OR COMPANY SERVICES USING SUCH ACCOUNT, WHETHER SUCH ACCOUNT IS CURRENTLY OPEN OR CREATED LATER.
PRIVACY
1. Your privacy is very important to us at Fytic. To better protect your rights we have provided the Fytic.com Privacy Policy to explain our privacy practices in detail. Please review the Privacy Policy to understand how Fytic collects and uses the information associated with your Account and/or your use of the Services. By using the Services or providing information on the Service, you consent to Fytic’s collection, use, disclosure and/or processing of your Content and personal data as described in the Privacy Policy.
2. Users in possession of another User’s personal data through the use of the Services (the “Receiving Party”) hereby agree that, they will (i) comply with all applicable personal data protection laws with respect to any such data; (ii) allow the User whose personal data the Receiving Party has collected (the “Disclosing Party”) to remove his or her data so collected from the Receiving Party’s database; and (iii) allow the Disclosing Party to review what information have been collected about them by the Receiving Party, in each case of (ii) and (iii) above, in compliance with and where required by applicable laws.
LIMITED LICENSE
1. Fytic grants you a limited and revocable license to access and use the Services subject to the terms and conditions of these Terms of Service. All proprietary Content, trademarks, service marks, brand names, logos and other intellectual property (“Intellectual Property”) displayed in the Service are the property of Fytic and where applicable, third party proprietors identified in the Service. No right or licence is granted directly or indirectly to any party accessing the Service to use or reproduce any Intellectual Property, and no party accessing the Service shall claim any right, title or interest therein. By using or accessing the Services you agree to comply with the copyright, trademark, service mark, and all other applicable laws that protect the Services, the Service and its Content. You agree not to copy, distribute, republish, transmit, publicly display, publicly perform, modify, adapt, rent, sell, or create derivative works of any portion of the Services, the Service or its Content. You also may not, without our prior written consent, mirror or frame any part or whole of the contents of this Service on any other server or as part of any other website. In addition, you agree that you will not use any robot, spider or any other automatic device or manual process to monitor or copy our Content, without our prior written consent (such consent is deemed given for standard search engine technology employed by Internet search websites to direct Internet users to this website).
2. You are welcome to link to the Service from your website, provided that your website does not imply any endorsement by or association with Fytic. You acknowledge that Fytic may, in its sole discretion and at any time, discontinue providing the Services, either in part or as a whole, without notice.

ACCOUNTS AND SECURITY
1. Some functions of our Services require registration for an Account by selecting a unique user identification (“User ID”) and password, and by providing certain personal information. If you select a User ID that Fytic, in its sole discretion, finds offensive or inappropriate, Fytic has the right to suspend or terminate your Account. You may be able to use your Account to gain access to other products, websites or services to which we have enabled access or with which we have tied up or collaborated. Fytic has not reviewed, and assumes no responsibility for any third party content, functionality, stability, security, services, privacy policies, or other practices of those products, websites or services. If you do so, the terms of service for those products, websites or services, including their respective privacy policies, if different from these Terms of Service and/or our Privacy Policy, may also apply to your use of those products, websites or services.
2. You agree to (a) keep your password confidential and use only your User ID and password when logging in, (b) ensure that you log out from your account at the end of each session on the Service, (c) immediately notify Fytic of any unauthorised use of your Account, User ID and/or password, and (d) ensure that your Account information is accurate and up-to-date. You are fully responsible for all activities that occur under your User ID and Account even if such activities or uses were not committed by you. Fytic will not be liable for any loss or damage arising from unauthorised use of your password or your failure to comply with this Section.
3. You agree that Fytic may for any reason, in its sole discretion and with or without notice or liability to you or any third party, immediately terminate your Account and your User ID, remove or discard from the Service any Content associated with your Account and User ID, withdraw any subsidies offered to you, cancel any transactions associated with your Account and User ID, temporarily withhold any sale proceeds or refunds, and/or take any other actions that Fytic deems necessary. Grounds for such actions may include, but are not limited to, (a) extended periods of inactivity, (b) violation of the letter or spirit of these Terms of Service, (c) illegal, fraudulent, harassing, defamatory, threatening or abusive behaviour (d) having multiple user accounts for illegitimate reasons, or (e) behaviour that is harmful to other Users, third parties, or the business interests of Fytic. Use of an Account for illegal, fraudulent, harassing, defamatory, threatening or abusive purposes may be referred to law enforcement authorities without notice to you. If a legal dispute arises or law enforcement action is commenced relating to your Account or your use of the Services for any reason, Fytic may terminate your Account immediately with or without notice.
4. Users may terminate their Account by notifying Fytic in writing (including via email at [email protected]) of their desire to do so.
5. Your rights to use the Services shall expire when your account has been terminated for any reason. The Account and data therein cannot be retrieved once the Account is terminated.
6. Notwithstanding any termination, Users remain responsible and liable for any incomplete transaction (whether commenced prior to or after such termination), shipment of the product, payment for the product, or the like, and Users must contact Fytic after he or she has promptly and effectively carried out and completed all incomplete transactions according to the Terms of Service. Fytic shall have no liability, and shall not be liable for any damages incurred due to the actions taken in accordance with this section. Users waive any and all claims based on any such action taken by Fytic.
7. You may only use the Services and/or open an Account if you are located in one of our approved countries, as updated from time to time.
TERM OF USE
1. The license for use of this Service and the Services is effective until terminated. This license will terminate as set forth under these Terms of Service or if you fail to comply with any term or condition of these Terms of Service. In any such event, Fytic may affect such termination with or without notice to you.
2. You agree not to:
  1. upload, post, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, alarming, distressing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable;
  2. violate any laws, including, without limitation, any laws and regulation in relation to export and import restrictions, third party rights or our policy which is announced on our website from time to time;
  3. use the Services to harm minors in any way;
  4. use the Services to impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
  5. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Services;
  6. remove any proprietary notices from the Services;
  7. cause, permit or authorize the modification, creation of derivative works, or translation of the Services without the express permission of Fytic;
  8. use the Services for the benefit of any third party or any manner not permitted by the licenses granted herein;
  9. use the Services for fraudulent purposes;
  10. manipulate the price of any item or interfere with other User’s listings;
  11. take any action that may undermine the feedback or ratings systems or similar features we’ve built;
  12. attempt to decompile, reverse engineer, disassemble or hack the Services (or any portion thereof), or to defeat or overcome any encryption technology or security measures implemented by Fytic with respect to the Services and/or data transmitted, processed or stored by Fytic;
  13. harvest or collect any information about or regarding other Account holders, including, without limitation, any personal data or information;
  14. upload, email, post, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
  15. upload, email, post, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
  16. upload, email, post, transmit or otherwise make available any unsolicited or unauthorised advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes”, or any other unauthorised form of solicitation;
  17. upload, email, post, transmit or otherwise make available any material that contains software viruses, worms, Trojan-horses or any other computer code, routines, files or programs designed to directly or indirectly interfere with, manipulate, interrupt, destroy or limit the functionality or integrity of any computer software or hardware or data or telecommunications equipment;
  18. disrupt the normal flow of dialogue, cause a screen to “scroll” faster than other Users of the Services are able to type, or otherwise act in a manner that negatively affects other Users’ ability to properly use the Services;
  19. interfere with, manipulate or disrupt the Services or servers or networks connected to the Services or any other User’s use and enjoyment of the Services, or disobey any requirements, procedures, policies or regulations of networks connected to the Services;
  20. take any action or engage in any conduct that could directly or indirectly damage, disable, overburden, or impair the Services or the servers or networks connected to the Services;
  21. use the Services to intentionally or unintentionally violate any applicable local, state, national or international law, rule, code, directive, guideline, policy or regulation including, without limitation, laws and requirements (whether or not having the force of law) relating to anti-money laundering or counter-terrorism;
  22. infringe the rights of Fytic, including any intellectual property rights and any passing off of the same thereof;
  23. use the Services to collect or store personal data about other Users in connection with the prohibited conduct and activities set forth above;
  24. engage in activities that aid or encourage any activity stated in above, or other activities that are deemed by Fytic to be inappropriate.
3. You understand that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you, and not Fytic, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the Service. You understand that by using the Service, you may be exposed to Content that you may consider to be offensive, indecent or objectionable. To the maximum extent permitted by applicable law, under no circumstances will Fytic be liable in any way for any Content, 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, or reliance on, any Content posted, emailed, transmitted or otherwise made available on the Service.
4. You acknowledge that Fytic and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, delete, remove or move any Content, including, without limitation any Content or information posted by you, that is available on the Service. Without limiting the foregoing, Fytic and its designees shall have the right to remove any Content (i) that violates these Terms of Service; (ii) if we receive a complaint from another User; (iii) if we receive a notice of intellectual property infringement or other legal instruction for removal; or (iv) if such Content is otherwise objectionable. We may also block delivery of a communication (including, without limitation, status updates, postings, messages and/or chats) to or from the Services as part of our effort to protect the Services or our Users, or otherwise enforce the provisions of these Terms and Conditions. You agree that you must evaluate, and bear all responsibilities and risks associated with, the use of any Content, including, without limitation, any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you have not and, to the maximum extent permitted by applicable law, may not rely on any Content created by Fytic or submitted to Fytic, including, without limitation, information in the Services and in all other parts of the Services.
5. You acknowledge, consent to and agree that Fytic may access, preserve and disclose your Account information and Content if required to do so by law or pursuant to an order of a court or by any governmental or regulatory authority having jurisdiction over Fytic or in a good faith belief that such access preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these Terms of Service; (c) respond to claims that any Content violates the rights of third parties; (d) respond to your requests for customer service; or (e) protect the rights, property or personal safety of Fytic, its Users and/or the public.
6. You shall indemnify and hold harmless Fytic, its parents, subsidiaries and affiliates, its directors, officers, employees and agents from and against any direct and indirect loss, damage, liability, cost and expenses (including but not limited to court costs and reasonable fees of attorneys and other professionals) arising out of or in connection with your violation of any applicable laws and regulations, breach of the Terms of Service, and/or infringement of third party’s rights (including but not limited to intellectual property rights).
7. Fytic will have no responsibility for preserving your Data if you do not sign in over 6 months.
VIOLATION OF OUR TERMS OF SERVICE
1. Violations of this Terms of Service may result in a range of actions, including, without limitation, any or all of the following:
  1. Listing deletion
  2. Limits placed on Account privileges
  3. Account suspension and subsequent termination
  4. Criminal charges
  5. Civil actions, including, without limitation a claim for damages and/or interim or injunctive relief
2. If you believe a User on our Service is violating these Terms of Service, please contact at [email protected].
REPORTING INTELLECTUAL PROPERTY RIGHTS INFRINGEMENT
1. The Users are independent individuals or businesses and they are not associated with Fytic in any way. Fytic is neither the agent nor representative of the Users and does not hold and/or own any of the merchandises listed on the Service.
2. If you are an intellectual property right owner (“IPR Owner”) or an agent duly authorised by an IPR Owner (“IPR Agent”) and you believe that your right or your principal’s right has been infringed, please notify us in writing by email to [email protected] and provide us the documents requested below to support your claim. Do allow us time to process the information provided. Fytic will respond to your complaint as soon as practicable.
3. Complaints under this Section 9 must be provided in the form prescribed by Fytic, which may be updated from time to time, and must include at least the following: (a) a physical or electronic signature of an IPR Owner or IPR Agent (collectively, “Informant”); (b) a description of the type and nature of intellectual property right that is allegedly infringed and proof of rights; (c) details of the listing which contains the alleged infringement; (d) sufficient information to allow Fytic to contact the Informant, such as Informant’s physical address, telephone number and e-mail address; (e) a statement by Informant that the complaint is filed on good faith belief and that the use of the intellectual property as identified by the Informant is not authorised by the IPR Owner or the law; (f) a statement by the Informant that the information in the notification is accurate, indemnify us for any damages we may suffer as a result of the information provided by and that the Informant has the appropriate right or is authorised to act on IPR Owner’s behalf to the complaint.
DISCLAIMERS
1. THE SERVICES ARE PROVIDED “AS IS” AND WITHOUT ANY WARRANTIES, CLAIMS OR REPRESENTATIONS MADE BY Fytic OF ANY KIND EITHER EXPRESSED, IMPLIED OR STATUTORY WITH RESPECT TO THE SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF QUALITY, PERFORMANCE, NON-INFRINGEMENT, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, NOR ARE THERE ANY WARRANTIES CREATED BY COURSE OF DEALING, COURSE OF PERFORMANCE OR TRADE USAGE. WITHOUT LIMITING THE FOREGOING AND TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Fytic DOES NOT WARRANT THAT THE SERVICES, THIS SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE AVAILABLE, ACCESSIBLE, UNINTERRUPTED, TIMELY, SECURE, ACCURATE, COMPLETE OR ERROR-FREE, THAT DEFECTS, IF ANY, WILL BE CORRECTED, OR THAT THIS SITE AND/OR THE SERVER THAT MAKES THE SAME AVAILABLE ARE FREE OF VIRUSES, CLOCKS, TIMERS, COUNTERS, WORMS, SOFTWARE LOCKS, DROP DEAD DEVICES, TROJAN-HORSES, ROUTINGS, TRAP DOORS, TIME BOMBS OR ANY OTHER HARMFUL CODES, INSTRUCTIONS, PROGRAMS OR COMPONENTS.
2. YOU ACKNOWLEDGE THAT THE ENTIRE RISK ARISING OUT OF THE USE OR PERFORMANCE OF THE SITE AND/OR THE SERVICES REMAINS WITH YOU TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.
3. Fytic HAS NO CONTROL OVER AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, DOES NOT GUARANTEE OR ACCEPT ANY RESPONSIBILITY FOR: (A) THE FITNESS FOR PURPOSE, EXISTENCE, QUALITY, SAFETY OR LEGALITY OF ITEMS AVAILABLE VIA THE SERVICES; OR (B) THE ABILITY OF SELLERS TO SELL ITEMS OR OF BUYERS TO PAY FOR ITEMS. IF THERE IS A DISPUTE INVOLVING ONE OR MORE USERS, SUCH USERS AGREE TO RESOLVE SUCH DISPUTE BETWEEN THEMSELVES DIRECTLY AND, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, RELEASE Fytic, ITS DIRECTORS, EMPLOYEES, AND ITS AFFILIATES FROM ANY AND ALL CLAIMS, DEMANDS AND DAMAGES ARISING OUT OF OR IN CONNECTION WITH ANY SUCH DISPUTE.
EXCLUSIONS AND LIMITATIONS OF LIABILITY
1. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Fytic BE LIABLE WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING, WITHOUT LIMITATION, NEGLIGENCE (WHETHER ACTIVE, PASSIVE OR IMPUTED), PRODUCT LIABILITY, STRICT LIABILITY OR OTHER THEORY), OR OTHER CAUSE OF ACTION AT LAW, IN EQUITY, BY STATUTE OR OTHERWISE, FOR:
  1. (A) LOSS OF USE; (B) LOSS OF PROFITS; (C) LOSS OF REVENUES; (D) LOSS OF DATA; (E) LOSS OF GOOD WILL; OR (F) FAILURE TO REALISE ANTICIPATED AMOUNTS, IN EACH CASE WHETHER DIRECT OR INDIRECT; OR
  2. ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR INABILITY TO USE THIS SITE OR THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES RESULTING THEREFROM, EVEN IF Fytic HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FOR THE AVOIDANCE OF DOUBT, LOSS OF PROFITS AND LOSS OF REVENUES SHALL INCLUDE THE ORDER ISSUES AND LOST OF ORDERS AND IN NO EVET Fytic SHALL BE LIABLE FOR SUCH ORDER ISSUES AND/OR LOST OF ORDERS.

YOU ACKNOWLEDGE AND AGREE THAT YOUR ONLY RIGHT WITH RESPECT TO ANY PROBLEMS OR DISSATISFACTION WITH THE SERVICES IS TO REQUEST FOR TERMINATION OF YOUR ACCOUNT AND/OR DISCONTINUE ANY USE OF THE SERVICES.
IF, NOTWITHSTANDING THE PREVIOUS SECTIONS, Fytic IS FOUND BY A COURT OF COMPETENT JURISDICTION TO BE LIABLE (INCLUDING FOR GROSS NEGLIGENCE), THEN, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ITS LIABILITY TO YOU OR TO ANY THIRD PARTY IS LIMITED TO THE LESSER OF: (A) THE AMOUNT PAID OR PAYABLE BY SUCH USER TO Fytic DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO LIABILITY; OR (B) USD $100 (ONE HUNDRED UNITED STATES DOLLARS).
NOTHING IN THESE TERMS OF SERVICE SHALL LIMIT OR EXCLUDE ANY LIABILITY FOR DEATH OR PERSONAL INJURY CAUSED BY Fytic’ GROSS NEGLIGENCE, FOR FRAUD OR FOR ANY OTHER LIABILITY ON THE PART OF Fytic THAT CANNOT BE LAWFULLY LIMITED AND/OR EXCLUDED.

LINKS TO THIRD PARTY SITES AND USE OF THIRD PARTY APPLICATIONS AND FUNCTIONS

Third party links provided throughout the Service will let you leave this Service. These links are provided as a courtesy only, and the sites they link to are not under the control of Fytic in any manner whatsoever and you therefore access them at your own risk. Fytic is in no manner responsible for the contents of any such linked site or any link contained within a linked site, including any changes or updates to such sites. Fytic is providing these links merely as a convenience, and the inclusion of any link does not in any way imply or express affiliation, endorsement or sponsorship by Fytic of any linked site and/or any of its content therein.
The Service may provide you with access to third-party applications and/or functions over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such applications and/or functions “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 the third-party applications and/or functions.

Any use by you of the applications and/or functions offered through the Service is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which such applications and/or functions are provided by the relevant third-party provider(s).

YOUR CONTRIBUTIONS TO THE SERVICES
1. By submitting Content for inclusion on the Services, you represent and warrant that you have all necessary rights and/or permissions to grant the licenses below to Fytic. You further acknowledge and agree that you are solely responsible for anything you post or otherwise make available on or through the Services, including, without limitation, the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any Content contribution. You hereby grant Fytic, its affiliates, subsidiaries, parents, and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform such Content contribution on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works) without need of attribution and you agree to waive any moral rights (and any similar rights in any part of the world) in that respect. You understand that the Content submitted by you may be transmitted over various networks and changed to conform and adapt to technical requirements.
2. Any material, information or idea you post on or through the Services, or otherwise transmit to Fytic by any means (each, a “Submission”), is not considered confidential by Fytic and may be disseminated or used by Fytic without compensation or liability to you for any purpose whatsoever, including, but not limited to, developing, manufacturing and marketing products. By making a Submission to Fytic, you acknowledge and agree that Fytic and/or other third parties may independently develop software, applications, interfaces, products and modifications and enhancements of the same which are identical or similar in function, code or other characteristics to the ideas set out in your Submission. Accordingly, you hereby grant Fytic, its affiliates, subsidiaries, parents, and its successors a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sub-licensable and transferable license to develop the items identified above, and to use, copy, distribute, republish, transmit, modify, adapt, create derivative works of, publicly display, and publicly perform any Submission on, through or in connection with the Services in any media formats and through any media channels, including, without limitation, for promoting and redistributing part of the Services (and its derivative works). This provision does not apply to personal information that is subject to our privacy policy except to the extent that you make such personal information publicly available on or through the Services.
THIRD PARTY CONTRIBUTIONS TO THE SERVICES AND EXTERNAL LINKS
1. Each contributor to the Services of data, text, images, sounds, video, software and other Content is solely responsible for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with their Content contribution. As such, Fytic is not responsible to, and shall not, regularly monitor or check for the accuracy, reliability, nature, rights clearance, compliance with law and legal restrictions associated with any contribution of Content. You will not hold Fytic responsible for any User’s actions or inactions, including, without limitation, things they post or otherwise make available via the Services.
2. In addition, the Services may contain links to third party products, websites, services and offers. These third party links, products, websites and services are not owned or controlled by Fytic. Rather, they are operated by, and are the property of, the respective third parties, and may be protected by applicable copyright or other intellectual property laws and treaties. Fytic has not reviewed, and assumes no responsibility for the content, functionality, security, services, privacy policies, or other practices of these third parties. You are encouraged to read the terms and other policies published by such third parties on their websites or otherwise. By using the Services, you agree that Fytic shall not be liable in any manner due to your use of, or inability to use, any website or widget. You further acknowledge and agree that Fytic may disable your use of, or remove, any third party links, or applications on the Services to the extent they violate these Terms of Service.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant that:(a) you possess the legal capacity (and in the case of a minor, valid parent or legal guardian consent), right and ability to enter into these Terms of Service and to comply with its terms; and(b) you will use the Services for lawful purposes only and in accordance with these Terms of Service and all applicable laws, rules, codes, directives, guidelines, policies and regulations.
SEVERABILITY
If any provision of these Terms of Service shall be deemed unlawful, void, or for any reason unenforceable under the law of any jurisdiction, then that provision shall be deemed severable from these terms and conditions and shall not affect the validity and enforceability of any remaining provisions in such jurisdiction nor the validity and enforceability of the provision in question under the law of any other jurisdiction.
GOVERNING LAW
These Terms of Service shall be governed by and construed in accordance with the laws of the Republic of China (Taiwan) without regard to its conflict of law rules.
GENERAL PROVISIONS
1. Fytic reserves all rights not expressly granted herein.
2. Fytic may modify these Terms of Service at any time by posting the revised Terms of Service on this Service. Your continued use of this Service after such changes have been posted shall constitute your acceptance of such revised Terms of Service.
3. Fytic has the right to assign or transfer any of its rights or obligations in the Services and/or under the Terms of Service to any third party without giving notice to Users.
4. You may not assign, sublicense or transfer any rights granted to you hereunder or subcontract any of your obligations without a prior written consent by Fytic.
5. Nothing in these Terms of Service shall constitute a partnership, joint venture or principal-agent relationship between you and Fytic, nor does it authorise you to incur any costs or liabilities on Fytic’s behalf.
6. The failure of Fytic at any time or times to require performance of any provision hereof shall in no manner affect its right at a later time to enforce the same unless the same is waived in writing.
7. These Terms of Service are solely for your and our benefit and are not for the benefit of any other person or entity, except for AIMAI 91 parents, affiliates and subsidiaries (and each of AIMAI 91 parents, affiliates’ and subsidiaries’ respective successors and assigns).
8. The terms set forth in these Terms of Service and any agreements and policies included or referred to in these Terms of Service constitute the entire agreement and understanding of the parties with respect to the Services and the Service and supersede any previous agreement or understanding between the parties in relation to such subject matter. The parties also hereby exclude all implied terms in fact. In entering into the agreement formed by these Terms of Service, the parties have not relied on any statement, representation, warranty, understanding, undertaking, promise or assurance of any person other than as expressly set out in these Terms of Service. Each party irrevocably and unconditionally waives all claims, rights and remedies which but for this Section it might otherwise have had in relation to any of the foregoing. These Terms of Service may not be contradicted, explained or supplemented by evidence of any prior agreement, any contemporaneous oral agreement or any consistent additional terms.

LEGAL NOTICES:

Please send all legal notices to [email protected] and attention it to the “General Counsel”.

I HAVE READ THIS AGREEMENT AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “SIGN UP ” OR “CONNECT WITH FACEBOOK” BUTTON BELOW, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

MODIFICATION OF TERMS OF USE

We are continuously developing the features and functionality of Fytic. Consequently, we reserve the right to modify these terms of service at any time at our sole discretion. You agree to be bound to such alterations when you use Fytic and the alterations shall be effective at the time of posting on Fytic. It is important that you review these Terms of Service regularly on Fytic to ensure you are updated on any modifications to these terms. If you are dissatisfied with or do not agree to abide by any altered Terms of Service, your sole remedy should be to close your account on Fytic and discontinue use of our service.