Effective date: january 1, 2022
Welcome to Fouita’s Terms of Service!.
If you have questions regarding this Agreement or about Fouita, please contact us by email at [email protected]
STE Fouita, as a company provides www.fouita.com and the other web apps, widgets or cmps under fouita domain, and our products, web design tools and related services subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service” or the “Agreement”).
, Our Guidelines at docs.fouita.com
, and any other legal notices or conditions or guidelines posted.
2. Acknowledgement and
acceptance of terms
Our Service may integrate with other services on a number of platforms provided by third parties, including Ecommerce Payment Processors. Please be aware that your activities on each of these platforms may be subject to additional terms of service for that particular platform.
Certain parts of the Service may be subject to additional terms and conditions specified by us from time to time, your use of such Service is subject to those additional terms and conditions, which are incorporated into these Terms of Service by this reference. Prices of the Service are subject to change notice from us. Such notice may be provided at any time by posting the changes to fouita website or the Service itself. Fouita shall not be liable to you or to any third party for any modification, price change, suspension, or discontinuance of the Service.
The Service is available only for individuals aged 13 years or older. If you are age 13 or older but under the age of 18, or the legal age of majority where you reside if that jurisdiction has an older age of majority, then you agree to review these Terms of Service with your parent or guardian to make sure that both you and your parent or guardian understand and agree to these Terms of Service. You agree to have your parent or guardian review and accept these Terms of Service on your behalf. If you are a parent or guardian agreeing to these Terms of Service for the benefit of a child over the age of 13, then you agree to and accept full responsibility for that child’s use of the Service, including all financial charges and legal liability that he or she may incur. We may, in our sole discretion, refuse to offer the Service to any person or entity and change the eligibility criteria for using the Service at any time. The right to access the Service is revoked where these Terms of Service or use of the Service is prohibited or to the extent offering, sale, or provision of the Service conflicts with any applicable law, rule or regulation.
If you are entering into these Terms of Service on behalf of a company or other legal entity, you represent that you have the authority to bind such entity, its affiliates, and all users who access the Service through your account to these Terms of Service, in which case the terms “you” or “your” shall refer to such entity, its affiliates, and users associated with it. If you do not have such authority, or if you do not agree with these Terms of Service, you must not accept these Terms of Service and you may not use the Service. You further agree that you assume all responsibility and liability in connection with your use of the Service on behalf of such a company or other legal entity, and you shall be solely responsible for all disputes, if any, that arise due to your use of the Service on behalf of such a company or other legal entity.
4. Account information
a.Registering for an account.
. We reserve the right to reclaim usernames on behalf of businesses or individuals that hold legal claim or trademark on those usernames.
b.Your responsibility for your account.
You are responsible for taking all steps to ensure that no unauthorized person shall have access to your account or password. When creating your account, you must provide accurate and complete information. We encourage you to use “strong” passwords (passwords that use a combination of upper- and lowercase letters, numbers, and symbols) with your account. It is your sole responsibility to control the dissemination and use of your account and password, and promptly inform us of any need to deactivate an account or password. We are not liable for any harm related to the theft of passwords, or your disclosure of passwords. You shall immediately notify us of any unauthorized use of your account or password or any breach of confidentiality. You are solely responsible for any damage resulting from the use of your account and username. You may not use your account or password to breach security of another account.
c. How to control your account.
You may control your account and how you interact with the Service by changing your settings. By providing us with your email address, you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service. You may not opt out of these messages unless you cancel your account. For more information, please read our
5. User Content
We may now or in the future allow you to post or publish content on or upload content to the Service, including but not limited to website templates created and contributed by you, blog or forum posts, images, and photos. Any content a user submits, posts, displays, or otherwise makes available on the Service is referred to as “User Content.” Note that any website templates submitted to Fouita must comply with the Template Submission Guidelines. You retain ownership of your User Content. We have no obligation to store, maintain, or provide you a copy of your User Content. You alone are responsible for any of your User Content that may be lost or unrecoverable through your use of the Service. You are encouraged to archive your User Content regularly and frequently.
Additionally, you may choose to or we may invite you to submit comments, ideas, or feedback about the Service, including without limitation about how to improve the Service or our products (“Feedback”). By submitting any Feedback, you agree that your disclosure is gratuitous, unsolicited, and without restriction and will not place Fouita under any fiduciary or other obligation, and that we are free to use the Feedback without any additional compensation to you, and/or to disclose the Feedback on a non-confidential basis or otherwise to anyone. You further acknowledge that, by acceptance of your submission, Fouita does not waive any rights to use similar or related Feedback previously known to us, or developed by its employees, or obtained from sources other than you. Additionally, you acknowledge that all email and other correspondence that you submit to us shall become our sole and exclusive property.
You own all of the User Content you post or publish (“post”) on the Service. You grant us a non-exclusive, royalty-free, perpetual, transferable, sub-licensable, worldwide license to use, modify, reproduce, display, and distribute your User Content on the Service for the purposes of operating and providing the Service to you and other users (“User Content License”). You understand and agree that the Service is a public platform and other users may search for, see, use, and/or re-post any User Content that you make publicly available through the Service.
Your obligations to End Users
1.Roles. Fouita is a “service provider” to you, and you are a “customer” of our Services irrespective of whether you pay fees to obtain the Services. Any natural persons accessing or using your Webflow account, the websites, pages, features, or content created by you on our Services are deemed your “End Users.” Fouita does not have a direct relationship with any of your End Users, therefore Fouita is not responsible for how you handle End User information.
2.Security safeguards. You will use all reasonable efforts to protect information collected from End Users via your use of the Services, including any personal information obtained from unauthorized access or use. In the event you discover that the End User information collected by you has been breached, compromised, or inadvertently exposed to non-authorized third parties, you shall notify Fouita promptly of such a breach or exposure including the root cause, remediation steps, and compensating controls to ensure such a breach does not occur in the future.
3.Security notification. You are responsible for providing notification to your End Users, third parties, or authorities under the applicable breach notification statutes and any other applicable data protection laws. You acknowledge that you are solely responsible for any personal injury or property damage arising from or relating to your use of any Services.
4.Privacy. You acknowledge and agree that you are solely responsible for providing any required notices and obtaining all required consents from End Users in connection with any use of the Services. Your notice and consent must be compliant with all applicable data protection and security laws and regulations. Without limiting the foregoing, before collecting or using any End User information, you must provide adequate notice of the End User information you collect, how it will be used and/or shared, and obtain any necessary consents required under the applicable data protection laws and regulations. You agree to comply with all data protection laws and regulations (including those applying to personal information) in connection with your access and use of the Services.
6.Privacy rights. You will respond to any End Users wishing to exercise their privacy rights, under the applicable law, as it relates to any information collected via your use of the Services. For example, if End Users located in certain jurisdictions may exercise a “right to be forgotten” (or “erasure”) to the information you have collected about them, you shall comply with their request as required by applicable law. For clarity, you are directly responsible (or, the “data controller”) for the information processed by your use of the Services, including any information processed via third-party applications available on the Services. Fouita is not a data controller to such information and is not responsible for responding to End Users on your behalf. To the extent Fouita receives a request from an End User or authority about your use of the Services, Fouita will notify you as permitted by law.
You agree that any User Content that you post does not and will not violate any law or infringe any rights of any third party, including without limitation any Intellectual Property Rights, publicity rights, or rights of privacy. We reserve the right, but are not obligated, to reject and/or remove any User Content that we believe, in our sole discretion, violates the Agreement.
You agree not to post User Content that:
1. may create a risk of harm, loss, damage, physical or mental injury, emotional distress, death, disability, disfigurement, or physical or mental illness to you, to any other person, to any animal or to any property
2. seeks to harm or exploit children by exposing them to inappropriate content, asking for personally identifiable details or otherwise
3. may constitute or contribute to a crime or tort
4. contains any information or content that we deem to be unlawful, harmful, abusive, racially or ethnically offensive, defamatory, infringing, harassing, humiliating to other people (publicly or otherwise), libelous, threatening, profane, or otherwise objectionable
5. contain software or other material that violates or invades the intellectual property rights (or rights of privacy or publicity) of any third party
6. includes any information or content to which you have not obtained any necessary rights or permissions to use accordingly or to make available under any law or under contractual or fiduciary relationships
7. contains any information or content that is illegal (including, without limitation, the disclosure of insider information under securities law or of another party’s trade secrets)
8. contains any information or content that you know is not correct and current
9. is adult in nature, such as any nudity in a sexual context, exposed genitalia, or any content with adult themes.
Use of the Service
Your use of the Service is subject to all applicable laws and regulations
You may not:
7. Third-party content
We are not responsible for and do not necessarily hold the opinions expressed by our users, content contributors, and third parties; such opinions and other statements are theirs alone, not opinions of Fouita. Content created by users or third parties is the sole responsibility of such users or third parties and its accuracy and completeness are not endorsed or guaranteed. You acknowledge that by providing you with the ability to view and post content through our Service, Fouita is not undertaking any obligation or liability relating to the content. Fouita and its affiliates, successors, assigns, employees, agents, directors, officers, and stockholders do not undertake or assume any duty to monitor our site for inappropriate or unlawful content and assume no responsibility or liability which may arise from the content thereof, including, but not limited to, claims for defamation, libel, slander, infringement, invasion of privacy and publicity rights, obscenity, pornography, profanity, fraud, or misrepresentation.
Fouita takes no responsibility and assumes no liability for any User Content that you or any other user or third party posts or sends over the Service. We assumes no liability for your interactions with other users, or for any user’s action or inaction. You are solely responsible for your User Content and the consequences of posting or publishing it, and you agree that we are only acting as a passive conduit for your online distribution and publication of your User Content. You understand and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children, or otherwise unsuited to your purpose, and you agree that Webflow shall not be liable for any damages you allege to incur as a result of User Content. Webflow reserves the right, but has no obligation, to monitor disputes between you and other users.
8.Billing and payment
users of the Service may be required to provide their credit card details to Company or the payment service provider retained by Company. Users will be responsible for paying agreed-upon fees for the Service. Users of the Service will be liable for any taxes (“Taxes”) required to be paid on the Service provided under the Agreement (other than Taxes on the Company’s income).
All paid plans must enter a valid payment account. Free accounts are not required to provide payment account information. An upgrade from the free plan to any paying plan will immediately bill you.
For monthly payment plans, the Service is billed in advance on a monthly basis and is non-refundable. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
For annual payment plans, the Service is billed up front for a one (1)-year period and is non-refundable. Your annual plan will automatically renew for successive one (1)-year periods, and you will be charged the applicable fees on each annual anniversary of your purchase, unless you cancel prior to the end of the then-current annual term. There will be no refunds or credits for partial terms of service, upgrade/downgrade refunds, or refunds for unused terms with an open account.
Certain credits may apply when you purchase an upgrade to the Service or switch from a monthly plan to an annual payment plan.
to the extent your use of the Service exceeds the usage limits provided for in your payment plan (as set on https://fouita.com/pricing
, and including but not limited to the usage categories of monthly visits, Fouita reserves the right to charge you overage fees for any such excessive use.
We reserve the right to change our fees and to institute new charges at any time (including, for clarity, for any renewal), upon notice to you via email notice, written or hard copy notice, or through posting of such notice on our website, as determined by Webflow in our sole discretion. Your use of the Service following such notification constitutes your acceptance of any new or increased fees. All fees are exclusive of all Taxes, levies, or duties imposed by taxing authorities.
The Services include features that enable you to provide or sell products and services to, or otherwise collect payments from, your End Users (such activities, “Your Ecommerce Activities”). In order to conduct Your Ecommerce Activities, you must be 18 years or older or at least the age of majority in your country of residence and you must provide your full legal name, current address, valid email address, and any other information requested by us. In the event of a dispute regarding account ownership, we reserve the right to request documentation to determine or confirm account ownership.
We are not a party to, and we are not liable for, Your Ecommerce Activities. You are solely responsible for Your Ecommerce Activities, and compliance with any laws or regulations related to it, including without limitation the following:
We may, at any time and in our sole discretion, and without any notice to you, suspend, restrict or disable access to or remove your Account, your sites or Your Ecommerce Activities, without any liability to you or to any End Users, including without limitation for any loss of profits, revenue, data, goodwill or other intangible losses (except where prohibited by applicable law). For example, we may suspend Your Ecommerce Activities if you are violating this Agreement.
If you have questions regarding this Agreement or about Fouita, feel free to contact us by email at [email protected]