Terms of Service

By using any Fidg’t service (collectively, the “Service”), including fidgt.com (the “Website”), the Fidg’t PC Desktop software (the “PC Client”), or the Fidg’t mobile software (the “Mobile Client”), all services provided by Protomobl, Inc (the “Company”), you are agreeing to be bound by the following Terms of Service.

Using the Service is also subject to the Privacy Policy, accessible here.

Terms

  • You must be at least 13 years of age to use the Service.
  • You are responsible for keeping your password secure.
  • You are responsible for any activity that occurs under your account.
  • You must not abuse, intimidate, impersonate or harass other users of the Service.
  • You may not use the Service for any illegal or unauthorized purpose and comply with all local laws regarding online conduct and acceptable content.
  • You are solely responsible for any data, text, information, screen names, graphics, photos, profiles, audio and video clips, links (the “Content”) that you submit, post, and display on the Service.
  • You understand and agree that the Company is not responsible for the Content posted on the Service by its users.
  • You agree not to transmit any malicious software through the Service, or break into the service with malicious intent.
  • You must not send any unsolicited commercial messages to any users of the Service.
  • You agree not to imply any false association with the Service.
  • You can use the Service free of charge. You will, however, have to pay for any and all network data charges that may be incurred when you use the Service.
  • We reserve the right to modify or terminate the Service.
  • We reserve the right to refuse the Service to anyone, for any reason, at any time.
  • We reserve the right to alter these Terms of Service at any time. It is your responsibility to be aware of the Terms of Service.
  • Violation of any of these Terms of Service will result in the termination of your account.

Copyright

  • The Service is protected by copyright, trademark, trade secrets, and other intellectual property rights of the Company.
  • We claim no ownership of any intellectual property rights over the Content that you upload to the Service. You can delete your account at any time. This will also remove any Content you have on the Service.
  • The Company will review all claims of copyright infringement received and remove content deemed to have been posted or distributed in violation of any such laws. To make a claim, please provide us with the following:
  • A description of the copyrighted work claimed to have been infringed;
  • Information reasonably sufficient to permit the Company to locate the material;
  • Your contact information, including your address, telephone number, and email;
  • A statement by you that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law.
  • A statement by you that the above information is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
  • A physical or electronic signature of the copyright owner or the person authorized to act on its behalf.

Warranty Disclaimer

  • You agree that your use of the Service shall be at your own risk. The Service is provided to you “as is” and “as available”. The Company does not warrant or make any representations or warranties regarding the use or the results of the use or the Contents of the Service, including without limitation, any implied warranties of merchantability, fitness for a particular purpose, title or non-infringement of third party rights or any implied warranties arising out of course of performance, course of dealing or usage of trade. The Company does not warrant that the Service will be provided error-free, uninterrupted, completely secure, or virus free.
  • If you are dissatisfied with the Service, or have any claims with or against the Company with respect to the Service or these Terms of Service, then you must discontinue using the Service.

Indemnity

  • You agree to defend, indemnify and hold harmless the Company, officers, directors, employees and agents, from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney’s fees) arising from:
  • Your use or the inability to use the Service;
  • Your violation of any term of these Terms of Service;
  • Your violation of any third party right, including without limitation any copyright, property, or privacy right;
  • Any claim that one of your User Submissions caused damage to a third party. This defense and indemnification obligation will survive these Terms of Service and your use of the Service.