These terms of service ("Terms") govern your access to and use of the FANDEMiQ platform and services provided by FANDEMiQ Ltd ("FANDEMiQ", "we", "us", "our"). By accessing or using our services, you agree to be bound by these Terms.
Definitions
"Platform" refers to the FANDEMiQ SaaS platform including all engagement, intelligence, and integration modules. "Services" refers to the Platform and any related professional services. "Client" refers to any organisation that has entered into a service agreement with FANDEMiQ. "End User" refers to any individual who interacts with engagement experiences deployed through the Platform. "Content" refers to any data, text, images, or other materials uploaded to or generated through the Platform.
Account registration
To access certain features of the Platform, you must register for an account. You agree to provide accurate, current, and complete information during registration and to keep your account information updated. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.
Acceptable use
You agree to use the Platform only for lawful purposes and in accordance with these Terms. You must not use the Platform to collect data without appropriate consent, deploy experiences that are misleading or deceptive, distribute malware or harmful code, attempt to access other users' accounts or data, or violate any applicable laws or regulations including data protection legislation.
Intellectual property
The Platform, including its underlying technology, design, and documentation, is owned by FANDEMiQ and protected by intellectual property laws. Your subscription grants you a limited, non-exclusive, non-transferable licence to use the Platform for its intended purpose. Content you upload remains your property, but you grant FANDEMiQ a licence to process it as necessary to provide the Services.
Data processing
FANDEMiQ processes personal data in accordance with our Privacy Policy and applicable data protection legislation. Where we process personal data on your behalf, we act as a data processor and will enter into a Data Processing Agreement with you. You remain the data controller for any personal data collected through engagement experiences you deploy.
Service availability
We aim to maintain Platform availability of 99.9% measured monthly, excluding scheduled maintenance. We will provide reasonable notice of planned maintenance windows. We are not liable for unavailability caused by factors outside our reasonable control, including internet connectivity issues, third-party service outages, or force majeure events.
Payment terms
Fees for the Services are set out in your service agreement. All fees are exclusive of VAT unless stated otherwise. Invoices are due within 30 days of issue unless otherwise agreed. We reserve the right to suspend access to the Platform for overdue payments following 14 days' written notice.
Limitation of liability
To the maximum extent permitted by law, FANDEMiQ's total liability under these Terms shall not exceed the fees paid by you in the 12 months preceding the claim. We are not liable for indirect, consequential, or incidental damages, including loss of profits, data, or business opportunities. Nothing in these Terms limits liability for death, personal injury, or fraud.
Termination
Either party may terminate the service agreement with 30 days' written notice. We may suspend or terminate your access immediately if you breach these Terms. Upon termination, your right to access the Platform ceases and we will delete your data within 90 days unless retention is required by law. You may request data export prior to termination.
Governing law
These Terms are governed by the laws of England and Wales. Any disputes arising from or relating to these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales. If any provision of these Terms is found unenforceable, the remaining provisions shall continue in full force.