Terms of Service

1. Acceptance of Terms

These Terms of Service (the “Terms”) form a legally binding agreement between you (“you” or “User”) and Fruity Services (“Fruity”, “we”, “us” or “our”) governing your access to and use of the websites, applications, APIs and services made available at fruity.bio and any related properties (collectively, the “Service”).

By creating an account, accessing, or using the Service in any way, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, our Acceptable Use Policy, and any additional policies referenced herein. If you do not agree, you must not use the Service.

2. Eligibility

You must be at least 13 years old (or the minimum age of digital consent in your jurisdiction, whichever is higher) to use the Service. If you are under 18, you represent that you have the permission of a parent or legal guardian. The Service is not directed to children under 13, and we do not knowingly collect personal information from such children.

You may not use the Service if you are barred from receiving services under the laws of any jurisdiction that applies to you, or if you are on any government list of prohibited or restricted parties.

3. Accounts & Security

To access most features you must create an account. You agree to provide accurate, current, and complete information and to keep it updated. You are solely responsible for safeguarding your credentials and for all activity that occurs under your account, whether or not authorized by you.

• You must notify us immediately of any unauthorized use of your account or any other security breach.
• We may, at our discretion, refuse to register, suspend, or terminate accounts at any time, including for inactivity.
• You may not share, sell, transfer, or otherwise allow any other person to use your account.
• Usernames, vanity URLs, and aliases are licensed, not owned. We may reclaim, reassign, or remove any handle that violates these Terms, impersonates another, infringes a trademark, or remains unused for an extended period.

4. The Service

The Service allows you to create a customizable profile page that aggregates links, social profiles, media, and similar content. We reserve the right at any time, without notice or liability, to add, modify, suspend, or discontinue any aspect of the Service, including availability of features, databases, or content. You agree that we are not liable to you or any third party for any such modification, suspension, or discontinuance.

5. User Content & License

“User Content” means any text, images, audio, video, links, code, profile data, or other material you upload, submit, post, or display through the Service. You retain all ownership rights you have in your User Content.

By submitting User Content to the Service, you grant Fruity a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to host, store, cache, reproduce, publish, publicly display, publicly perform, communicate, distribute, modify, adapt, translate, reformat, and create derivative works of your User Content, in any media now known or later developed, solely for the purposes of operating, providing, improving, promoting, and securing the Service. This license persists for as long as you keep that content on the Service and for a commercially reasonable period thereafter for backup, legal, and operational purposes.

You represent and warrant that: (a) you own or have all necessary rights, licenses, consents, and permissions in your User Content to grant the foregoing license; (b) your User Content and our use of it as permitted herein will not infringe, misappropriate, or violate any third party's intellectual property, privacy, publicity, or other rights, or any law; and (c) your User Content does not contain material that violates the Acceptable Use Policy.

We do not pre-screen User Content, but we have the right (not the obligation) to review, refuse, remove, or restrict any User Content at our sole discretion at any time and for any reason, with or without notice.

6. Acceptable Use

Your use of the Service is also governed by our Acceptable Use Policy, which is incorporated into these Terms by reference. Without limiting that policy, you agree not to:

• violate any law, regulation, or third-party rights;
• post content that is unlawful, defamatory, fraudulent, threatening, harassing, hateful, obscene, sexually explicit involving minors, or that promotes violence or self-harm;
• impersonate any person or entity, or misrepresent your affiliation with any person or entity;
• interfere with, disrupt, overload, or attempt to gain unauthorized access to the Service, accounts, computer systems, or networks connected to the Service;
• probe, scan, or test the vulnerability of the Service or breach any security or authentication measures;
• use any robot, spider, scraper, or other automated means to access the Service except through publicly documented APIs and within their rate limits;
• decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code or underlying ideas of the Service, except to the extent such restriction is prohibited by law;
• use the Service to send unsolicited communications, chain letters, or pyramid schemes;
• frame, mirror, or otherwise replicate the Service or any portion of it on another website without our written consent;
• remove or alter any proprietary notices, branding, or labels on the Service.

7. Third-Party Services & Links

The Service may contain links to, and integrate with, third-party websites, applications, and services (including OAuth providers, music platforms, gaming platforms, payment processors, and embedded media). We do not control and are not responsible for the availability, content, security, accuracy, terms, or practices of such third parties. Your interactions with any third party are solely between you and that third party. We disclaim all liability arising from your use of any third-party service.

When you connect a third-party account, you authorize us to access and use information from that account as described in our Privacy Policy, subject to that provider's terms. You may revoke that authorization at any time through the dashboard or directly with the provider.

8. Paid Plans & Billing

Certain features of the Service are offered on a paid subscription or one-time purchase basis (“Paid Plans”). By selecting a Paid Plan, you authorize us and our payment processors to charge the payment method you provide for all applicable fees, taxes, and recurring charges, until you cancel.

• Subscriptions renew automatically at the end of each billing cycle at the then-current rate unless cancelled before the renewal date through your dashboard.
• Price changes may take effect at the start of the next billing cycle, after notice to you. Continued use after the change constitutes acceptance.
• Taxes are your responsibility unless we are required by law to collect them.
• Failed payments may result in suspension or downgrade of your account.
• Refunds are governed by our Refund Policy.

9. Intellectual Property

The Service, including all software, designs, text, graphics, logos, icons, audio, video, compilations, databases, and all related intellectual property rights, is and will remain the exclusive property of Fruity and its licensors. Except for the limited rights expressly granted to you in these Terms, no rights of any kind are transferred to you. “Fruity”, “fruity.bio” and the Fruity logo are trademarks of Fruity Services. You may not use these marks without our prior written permission.

Subject to your continued compliance with these Terms, we grant you a limited, personal, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your own personal or internal business use.

10. Feedback

If you submit suggestions, ideas, enhancement requests, feedback, or other input regarding the Service (“Feedback”), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully sublicensable license to use, exploit, and commercialize that Feedback for any purpose, without compensation or attribution.

11. Copyright & DMCA

We respect the intellectual property rights of others and expect our users to do the same. If you believe content on the Service infringes your copyright, please follow the procedure set out in our DMCA / Copyright Policy. Repeat infringers will be terminated.

12. Termination

You may stop using the Service at any time and may delete your account through your dashboard. We may suspend or terminate your access to all or part of the Service, with or without notice, at any time and for any reason, including if we believe you have violated these Terms or any applicable law, or if your use poses a security or legal risk.

Upon termination: (a) your right to use the Service immediately ceases; (b) we may delete or anonymize your User Content, though we may retain copies as required by law or for legitimate business purposes; and (c) all provisions of these Terms which by their nature should survive (including ownership, warranty disclaimers, indemnity, limitation of liability, and dispute resolution) will survive.

13. Disclaimer of Warranties

THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITH ALL FAULTS AND WITHOUT WARRANTY OF ANY KIND. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FRUITY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, AND LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.

WE MAKE NO WARRANTY THAT (A) THE SERVICE WILL MEET YOUR REQUIREMENTS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (C) THE INFORMATION OBTAINED THROUGH THE SERVICE WILL BE ACCURATE OR RELIABLE; (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL OBTAINED THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; OR (E) ANY ERRORS IN THE SERVICE WILL BE CORRECTED.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL FRUITY OR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, PARTNERS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM:

• your access to, use of, or inability to use the Service;
• any conduct or content of any third party on the Service, including any defamatory, offensive, or illegal conduct of other users or third parties;
• any content obtained from the Service; or
• unauthorized access, use, or alteration of your transmissions or content,

WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.

OUR TOTAL CUMULATIVE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNTS YOU HAVE PAID TO FRUITY FOR THE SERVICE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS (US$100). SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE MAY NOT APPLY TO YOU. IN SUCH JURISDICTIONS, OUR LIABILITY IS LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.

15. Indemnification

You agree to defend, indemnify, and hold harmless Fruity and its affiliates, officers, directors, employees, agents, partners, suppliers, and licensors from and against any and all claims, damages, obligations, losses, liabilities, costs, debts, and expenses (including but not limited to reasonable attorneys' fees) arising from or relating to: (a) your access to or use of the Service; (b) your violation of any term of these Terms or any policy referenced herein; (c) your violation of any third-party right, including intellectual property, publicity, confidentiality, property, or privacy rights; (d) your User Content; or (e) any dispute between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defenses.

16. Disputes & Binding Arbitration

Informal resolution. Before filing a claim, you agree to try to resolve the dispute informally by contacting [email protected]. We will try to resolve the dispute by contacting you via email. If a dispute is not resolved within sixty (60) days of submission, you or Fruity may bring a formal proceeding.

Binding arbitration. You and Fruity agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, “Disputes”) will be settled by binding individual arbitration administered in accordance with the rules of a recognized arbitration body in the jurisdiction specified in Section 18. The arbitration will be conducted in the English language, and judgment on the award may be entered in any court of competent jurisdiction.

Exceptions. Either party may bring (a) an individual action in small claims court, and (b) a suit in court for injunctive relief to stop unauthorized use or abuse of the Service, intellectual property infringement, or other similar claims, without first engaging in arbitration or the informal dispute resolution process described above.

30-day opt-out. You may opt out of this arbitration agreement by sending written notice to [email protected] within thirty (30) days of first accepting these Terms, stating your name and intent to opt out. Opting out will not affect any other provision of these Terms.

17. Class Action Waiver

YOU AND FRUITY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fruity agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding. If this class action waiver is found to be unenforceable, then the entirety of Section 16 will be null and void as to you.

18. Governing Law & Venue

These Terms and any Dispute will be governed by and construed in accordance with the laws of [Jurisdiction], without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply. Any judicial proceeding not subject to arbitration will be brought exclusively in the courts located in [Venue / City, Country], and you consent to the personal jurisdiction and venue of such courts.

19. Changes to These Terms

We may modify these Terms from time to time. If we make material changes, we will provide notice through the Service, by email, or by updating the “Last updated” date at the top of this page. Your continued use of the Service after the effective date of the revised Terms constitutes your acceptance of them. If you do not agree to the changes, you must stop using the Service.

20. General Provisions

• Entire agreement. These Terms (together with any policies referenced herein) constitute the entire agreement between you and Fruity regarding the Service and supersede all prior agreements.
• Severability. If any provision is held invalid or unenforceable, the remaining provisions will remain in full force and effect.
• No waiver. Our failure to enforce any right or provision will not be deemed a waiver of such right or provision.
• Assignment. You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. We may assign these Terms at any time without notice.
• Force majeure. We are not liable for any failure or delay in performance due to causes beyond our reasonable control, including acts of God, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, accidents, network outages, or strikes.
• No agency. No agency, partnership, joint venture, or employment relationship is created by these Terms.
• Notices. We may give notice by posting on the Service or sending email to the address associated with your account. You agree that electronic notice satisfies any legal notice requirement.
• Headings. Section titles are for convenience only and have no legal effect.

21. Contact

Questions about these Terms can be sent to [email protected].