Terms of Service

Last Updated: January 2025

1. Acceptance of Terms

By accessing or using FideliQR ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you do not agree to these Terms, you may not access or use the Service.

We reserve the right to modify these Terms at any time without prior notice. Your continued use of the Service after changes are posted constitutes acceptance of the modified Terms.

2. Service Description

FideliQR provides a digital loyalty program platform. The Service is provided on an "AS IS" and "AS AVAILABLE" basis without any warranties of any kind.

We reserve the right to modify, suspend, or discontinue any part of the Service at any time, with or without notice, for any reason.

3. Right to Refuse Service

We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel orders at our sole discretion, with or without cause, and without prior notice.

Reasons for service denial or termination may include, but are not limited to: violation of these Terms, fraudulent activity, abuse of the Service, or any other reason deemed appropriate by us.

4. User Responsibilities

You agree to:

  • Provide accurate and complete information when creating an account
  • Maintain the security of your account credentials
  • Comply with all applicable laws and regulations
  • Not use the Service for any illegal or unauthorized purpose
  • Not interfere with or disrupt the Service or servers
  • Not attempt to gain unauthorized access to any part of the Service

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FIDELIQR AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION EXCEED THE AMOUNT YOU HAVE PAID TO FIDELIQR IN THE LAST TWELVE (12) MONTHS, OR ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitations may not apply to you.

6. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

WE DO NOT WARRANT THAT:

  • The Service will meet your requirements or expectations
  • The Service will be uninterrupted, timely, secure, or error-free
  • The results obtained from using the Service will be accurate or reliable
  • Any errors in the Service will be corrected
  • The Service will be compatible with your systems or devices

7. Indemnification

You agree to indemnify, defend, and hold harmless FideliQR and its affiliates, officers, directors, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising from: (a) your use of the Service; (b) your violation of these Terms; (c) your violation of any rights of another party; or (d) your violation of any applicable laws or regulations.

8. Payment and Refunds

Subscription fees are billed in advance on a recurring basis. All fees are non-refundable except as required by law.

We reserve the right to change our pricing at any time. Price changes will be communicated in advance, but continued use of the Service after a price change constitutes acceptance of the new pricing.

We do not provide refunds or credits for partial months of service, or for unused time in any subscription period.

9. Intellectual Property

All content, features, and functionality of the Service, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, data compilations, and software, are the exclusive property of FideliQR or its licensors.

You may not copy, modify, distribute, sell, or lease any part of the Service without our express written permission.

10. Data and Privacy

Your use of the Service is also governed by our Privacy Policy. We reserve the right to collect, use, and share data as described in our Privacy Policy.

While we implement reasonable security measures, we cannot guarantee the security of any data transmitted to or stored by the Service. You use the Service at your own risk.

11. Third-Party Services

The Service may contain links to third-party websites or services. We are not responsible for the content, accuracy, or practices of any third-party services.

Your use of third-party services is at your own risk and subject to their terms and conditions.

12. Term and Termination

These Terms remain in effect while you use the Service. We may terminate or suspend your access immediately, without prior notice or liability, for any reason, including breach of these Terms.

Upon termination, your right to use the Service will immediately cease. All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

13. Dispute Resolution

Any dispute arising out of or relating to these Terms or the Service shall be resolved through binding arbitration, except where prohibited by law.

You waive any right to participate in a class action lawsuit or class-wide arbitration.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of Brazil, without regard to its conflict of law provisions.

15. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

16. Entire Agreement

These Terms constitute the entire agreement between you and FideliQR regarding the Service and supersede all prior agreements and understandings, whether written or oral.

17. Contact Information

For questions about these Terms, please contact us at: info@fideliqr.com

IMPORTANT NOTICE:

BY USING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE SERVICE.

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