Terms of Use

(Date of Last Revision: April 11, 2024)

The website fide.co and the Fide mobile applications (collectively, the “Application") is  owned and operated by Focal App, Inc. d/b/a Fide (“Company,” “we,”  “our,” or “us”). The Application provides a mobile application which  allows communication with your friends and other users of the  Application and provides information related to the mobile application  (the “Services”).

These Terms of Use (“Terms”) constitute a binding agreement  between you and Company. Please read carefully through all sections of  these Terms. Your access to and use of the Application is subject to  these Terms and all applicable laws and Company reserves the right to  terminate your access to the Application if you violate these Terms. If  you do not agree to these Terms, then you may not use the Application.  These Terms may be changed by us from time to time without notice to you and the governing version will be posted on the Application. Please  review the posted terms on a regular basis as your use of the  Application will be governed by the then-current Terms.

ARBITRATION NOTICE: THESE TERMS CONTAIN AN ARBITRATION  CLAUSE IN SECTION 15. EXCEPT AS EXPRESSLY PROVIDED THEREIN, BOTH PARTIES AGREE THAT DISPUTES BETWEEN THE PARTIES WILL BE RESOLVED BY MANDATORY  BINDING ARBITRATION, AND BOTH PARTIES WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS-ACTION LAWSUIT OR CLASS-WIDE ARBITRATION. YOU HAVE THE RIGHT TO  OPT OUT OF ARBITRATION AS SET FORTH BELOW IN SECTION 16.

1. Your Account
You will be required to register for an account (“User  Account”). You are responsible for all activities (whether by you or  others) that occur under your User Account. You agree to notify us  immediately of any unauthorized access or use of your User Account.  Company cannot and will not be liable for any loss or damage arising  from your failure to protect your account information.

By registering for an account, you represent and warrant that your information is true and accurate to the best of  your knowledge. You agree not to submit false information when  registering an account or using the Services.

We have the right to disable any User  Account, at any time in our sole discretion for any reason, including  if, in our opinion, you have violated any provision of these Terms.

2. Minimum Age
We do not allow persons under the age of thirteen (13) to  use the Application. By using the Application, you represent and warrant that you are either (a) eighteen (18) years of age or over, or (b) that you are between 13-18 years of age and have the consent of your parent  or guardian to use the Application.

3. Proprietary Rights
You may not use the contents of the Application in any  manner or for any purpose that would constitute infringement of  Company’s, its licensors’, or the Application’s other user’s  intellectual property rights. Company may provide images on the  Application and grants you a limited license to make a copy or  screenshot of a page and use the image solely for your personal or  internal business purposes. Company owns all trademarks and service  marks appearing on the Application. The unauthorized use or misuse of  these trademarks and service marks is prohibited.

4. Use of Personal Data
Company’s collection and use of your personal information is described in Company’s Privacy Policy here.

5. Your Content
You represent and warrant that you have the right to post  any and all information, data, text, music, sound, photographs,  graphics, video, messages, goods, products, services, reviews, or other  materials you post via our Services (“Content”). You are responsible for all Content that you upload, post, transmit, or otherwise make  available via our Services.

Company does not claim ownership of your Content, but you  agree to provide us with your permission to host your Content on our  Application and Services and to perform all necessary acts to host your  Content. You grant us, our affiliates, other Application users and  successors a worldwide, non-exclusive, transferable, irrevocable,  perpetual, and sub-licensable right to use, reproduce, adapt, modify,  publish, prepare derivative works of, publicly perform, distribute, and  publicly display your Content for any legal purpose related to the  Services.

6. Content Standards
These content standards apply to any and all Content and  use of the Services. Your Content must in its entirety comply with all  applicable federal, state, local, and international laws and  regulations. Without limiting the foregoing, Content must not:

  • Contain any material that is defamatory, obscene,  indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.

  • Promote violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.

  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.

  • Violate the legal rights (including the rights of  publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or  regulations or that otherwise may be in conflict with these Terms and  our Privacy Policy.

  • Be likely to deceive any person.

  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.

  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.

  • Impersonate any person or misrepresent your identity or affiliation with any person or organization.

  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.

  • Give the impression that they emanate from or are endorsed by us or any other person or entity if this is not the case.
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7. Monitoring and Enforcement; Termination
We will not be liable for your Content or the content of  any third party, including but not limited to, any errors or omissions,  or any loss or damage of any kind incurred as a result of the use of any Content posted, transmitted, or otherwise made available through our  Services.

However, we reserve the right to:

  • Review your content.

  • Remove Content for any or no reason in our sole discretion.

  • Take any action with respect to any Content that we  deem necessary or appropriate in our sole discretion, including if we  believe that such Content violates the Terms, including the Content  Standards, infringes any intellectual property right or other right of  any person or entity, threatens the personal safety of users of the  Services or the public, or could create liability for us.

  • Take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Services.

  • Terminate or suspend your access to all or part of the Platform for any reason, including any violation of these Terms.
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Without limiting the foregoing, we have the right to  cooperate fully with any law enforcement authorities or court order  requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Application. YOU  WAIVE AND HOLD HARMLESS COMPANY AND ITS AFFILIATES, EMPLOYEES, AGENTS,  REPRESENTATIVES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS  RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING,  OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR  LAW ENFORCEMENT AUTHORITIES.

However, we cannot review all material before it is posted on the Application or through our Services and cannot ensure prompt  removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding  transmissions, communications, or content provided by any user or third  party. We have no liability or responsibility to anyone for performance  or nonperformance of the activities described in this section.

8. Prohibited Activities and Uses
The following activities are expressly prohibited from the Application:

  • Engaging in activity that is unauthorized  advertisements or promotions, including unauthorized solicitation of  other users of the Application.

  • Collecting Personal Information of other users of the Application without the other  users’ consent.

  • Engaging in activity that compromises the Application. Such activity may include, but is not limited to hacking, IP attacks,  worms, viruses, spamming, phishing, cancel bots, Trojan horses, mail  bombing or crashing, or introducing malware.

  • Engaging in any activity designed to impede the use of the Application by other users, including overloading and flooding.

  • Framing or deep linking into the Application.

  • Accessing the Application by means of automated process, spiders, bots, or similar device without Company’s consent.
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9. Federal and State Laws
The Application is operated from the United States and is intended to be used solely in the United States. When using the  Application, on the Application, or when using any content provided by  Company, you must obey all applicable U.S.-based federal, state, and  local laws.

10. Disclaimer of Warranties
TO THE FULLEST EXTENT PROVIDED BY LAW AND EXCEPT AS  OTHERWISE PROVIDED HEREIN OR ON THE APPLICATION, THE INFORMATION,  SERVICES, AND PRODUCTS OFFERED ON OR THROUGH THE APPLICATION AND ANY  REFERENCED THIRD-PARTY APPLICATION ARE PROVIDED “AS IS” AND WITHOUT  WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. ANY THIRD-PARTY GOODS OR SERVICE PROVIDERS ARE SUPPLIED AS A CONVENIENCE TO YOU AND LISTING  DOES NOT CONSTITUTE SPONSORSHIP, AFFILIATION, PARTNERSHIP, OR  ENDORSEMENT. TO THE FULLEST EXTENT ALLOWED BY LAW, COMPANY DISCLAIMS ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED  WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,  AND NON-INFRINGEMENT.

TO THE FULLEST EXTENT ALLOWED BY LAW, COMPANY DOES NOT  WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF  THE USE OF THE APPLICATION, SERVICES, PRODUCTS, OR OTHER POSTED MATERIAL ON THE APPLICATION IN TERMS OF ITS CORRECTNESS, ACCURACY, TIMELINESS,  RELIABILITY OR OTHERWISE.

BY PROVIDING THE SERVICES ON THE APPLICATION, COMPANY DOES NOT IN ANY WAY PROMISE THAT THE SERVICES WILL REMAIN AVAILABLE TO YOU.  COMPANY IS ENTITLED TO TERMINATE ALL OR PART OF ANY OF THE APPLICATION  AT ANY TIME, IN ITS SOLE DISCRETION WITHOUT NOTICE TO YOU.

11. Limitation of Liability
THE LIABILITY OF COMPANY AND ITS AFFILIATES, EMPLOYEES,  AGENTS, REPRESENTATIVES AND THIRD-PARTY SERVICE PROVIDERS WITH RESPECT  TO ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APPLICATION, THE  CONTENT OR SERVICES OBTAINED THROUGH THE APPLICATION, WHETHER BASED ON  WARRANTY, CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, SHALL NOT EXCEED, IN THE AGGREGATE, THE GREATER OF THE AMOUNTS PAID BY YOU TO  COMPANY FOR USE OF THE SERVICES OR FIFTY DOLLARS ($50).

IN NO EVENT WILL COMPANY BE LIABLE TO YOU OR ANY PARTY FOR ANY DIRECT, INDIRECT, SPECIAL OR OTHER CONSEQUENTIAL DAMAGES FOR ANY  USE OF THE APPLICATION OR SERVICES, OR ON ANY OTHER HYPERLINKED WEBSITE, INCLUDING, WITHOUT LIMITATION, ANY LOST PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA OR OTHERWISE, EVEN IF COMPANY IS  EXPRESSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

12. Indemnification
You agree to indemnify, defend and hold harmless Company  and its affiliates, employees, agents, representatives and third-party  service providers, for any and all claims, demands, actions, liability,  fines, penalties and expenses that may arise from any of your acts  through the use of the Applications. Such acts may include, but are not  limited to, (i) your use (including any misuse) of the Application and  Services, (ii) providing content to or communicating with us or our  affiliates, (iii) unauthorized use of material obtained through the  Applications, (iv) engaging in a prohibited activity, or (v) any other  action that breaches these Terms.

13. Third-Party Links
The Application may contain links to other third-party  websites. Such third-party websites are maintained by persons or  organizations over which Company exercises no control. Your use of these third-party websites is governed by the terms of use and privacy policy of such websites.  Company expressly disclaims any responsibility for  the content or results from your use of such third-party websites.

14. Copyright Complaints
Company respects the intellectual property of others. If  you believe that your work has been copied in a way that constitutes  copyright infringement, please provide Company’s copyright agent with  the following information.

  • An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;

  • Description of the copyrighted work that you claim has been infringed;

  • The location on the Application of the material that you claim is infringing;

  • Your address, telephone number and e-mail address;

  • A statement that your claim of infringement is based on a good faith belief; and

  • A statement made under penalty of perjury that the  information you have provided is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
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Company’s agent for notice of claims of copyright infringement on the Application can be reached as follows: dmca@fide.co

15. Arbitration, Class-Action Waiver, and Jury Waiver
PLEASE READ THE FOLLOWING PARAGRAPHS CAREFULLY BECAUSE  THEY PROVIDE THAT COMPANY AND YOU AGREE TO RESOLVE ALL DISPUTES BETWEEN  THE PARTIES THROUGH BINDING INDIVIDUAL ARBITRATION.

Any controversy or claim (“Claim") between the parties  arising out of or relating to these Terms shall be resolved by a single  impartial arbitrator pursuant to proceedings administered by the  American Arbitration Association under its rules for resolution of  commercial disputes. Any such Claim shall be brought solely by you as an individual and not as part of, or as a representative of, a class. The  arbitration shall be held in Denver, Colorado. All submissions to the  arbitrator, the proceedings and the award shall be confidential. The  arbitration shall be conducted on an expedited basis with minimal  discovery. The arbitrator’s award shall be final and binding. The courts of the State of Colorado and/or the United States District Court for  Colorado shall have exclusive jurisdiction and venue over (i) any action concerning the enforcement of an arbitration award, or (ii) if  arbitration is not permitted by law, then any Claim you have arising out of or relating to these Terms of Use, you agree to unconditionally and  irrevocably submit to the exclusive jurisdiction and venue of such  courts and you will not object to such jurisdiction and venue on the  grounds of lack of personal jurisdiction, inconvenient forum or  otherwise. EACH PARTY IRREVOCABLY WAIVES ANY AND ALL RIGHT TO TRIAL BY  JURY IN ANY LEGAL PROCEEDING ARISING OUT OF OR RELATED TO THESE TERMS OF USE.

Neither party consents or agrees to any arbitration on a  class or representative basis, and the arbitrator shall have no  authority to proceed with an arbitration on a class or representative  basis. No arbitration will be consolidated with any other arbitration  proceeding without the consent of all parties.  In addition, all  disputes concerning the arbitrability of a claim (including disputes  about the scope, applicability, enforceability, revocability, or  validity of the Arbitration Agreement) shall be decided by the  arbitrator.  Notwithstanding the foregoing, either party may bring an  individual action in small claims court.

Company will pay all costs associated with the  arbitration, including the entire filing fee, if Company initiates the  arbitration of a dispute. If you initiate the arbitration, you will be  responsible for the first $100 toward the filing fee, and Company will  pay the remainder of the filing fee and both parties’ administrative  fee.  Each party will be responsible for any and all fees and costs  associated with each party’s legal representation in such arbitration  unless such fees and costs are awarded by the arbitrator.

You may opt out of this Arbitration Agreement by notifying Company in writing no later than 30 days after first becoming subject  to this Arbitration Agreement. Your notice must include your name and  address, your Application username and mobile phone number you used to  set up your Application account (if you have one), and an unequivocal  statement that you want to opt out of this Arbitration Agreement. You  must mail your opt-out notice to this address:

Focal App, Inc.
4845 Pearl East Cir.
Suite 101
Boulder, CO, US 80301


16. Miscellaneous Provisions
Severability.  If any term or provision in these Terms is found to be void, against  public policy, or unenforceable by a court of competent jurisdiction and such finding or order becomes final with all appeals exhausted, then  the offending provision shall be deemed modified to the extent necessary to make it valid and enforceable. If the offending provision cannot be  so modified, then the same shall be deemed stricken from these Terms in  its entirety and the remainder of these Terms shall survive with the  said offending provision eliminated.

Application Availability. We cannot guarantee the Application will be available 100% of the time  because public networks, such as the internet, occasionally experience  disruptions. Although we strive to provide the most reliable Application reasonably possible, interruptions and delays in accessing the  Application are unavoidable and Company disclaims any liability for  damages resulting from such problems.

Typographical Errors. Information on the Application may contain technical inaccuracies or  typographical errors. We attempt to make the Application’s postings as  accurate as possible, but Company does not warrant the content of the  Application is accurate, complete, reliable, current, or error-free.

Headings. Condition and section headings are for convenience of reference only and shall not affect the interpretation of these Terms.

Controlling Law and Venue. It is understood and agreed that all the construction and  interpretation of these Terms and the relationship between the parties  shall at all times and in all respects be governed by the internal laws  of the State of Colorado, without giving effect to the conflict of laws  provisions thereof. For any disputes not covered by the arbitration  clause in Section 16, the venue of any action brought to enforce or  relating to these Terms or arising out of the relationship between the  parties shall be brought exclusively in the courts of Denver, Colorado.

Survival.  The rights and obligations in Sections 8, 9, 11, 12, 13, 16, and 17 shall survive the termination of these Terms.

17. Questions
If you have any questions or comments about these Terms or this Application, please contact us at https://fide.co.

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