By signing up for a Fiamp Account (as defined in Section 1) orby using any Fiamp Services (as defined below), you are agreeing to be bound bythe following terms and conditions (the “Terms of Service”).

As used in these Terms of Service, “we”, “us” and “Fiamp” meansthe applicable Fiamp Contracting Party (as defined in Section 4 below).

The services offered by Fiamp under the Terms of Service includevarious products and services to help you sell goods and services to buyers,whether online (“Online Services”) by enabling you to create and build your ownonline store, in person (“POS Services”), or both. Any such services offered byFiamp are referred to in these Terms of Services as the “Services”. Any newfeatures or tools which are added to the current Services shall be also subjectto the Terms of Service. You can review the current version of the Terms ofService at any time at https://www.Fiamp.com/legal/terms.Fiamp reserves the right to update and change the Terms of Service by postingupdates and changes to the Fiamp website. You are advised to check the Terms ofService from time to time for any updates or changes that may impact you. andif you do not accept such amendments, you must cease using the Services.

You must read, agree with and accept all of the terms andconditions contained or expressly referenced in these Terms of Service,including Fiamp’s AcceptableUse Policy (“AUP”) and Privacy Policy,and, if applicable, the Fiamp Data ProcessingAddendum (“DPA”) before you may sign up for a Fiamp Account oruse any Fiamp Service. Additionally, if you offer goods or services in relationto COVID19, you must read, acknowledge and agree to the Rulesof Engagement for Sale of COVID-19 Related Products.

Everyday languagesummaries are provided for convenience only and appear in bold under eachsection, but these summaries are not legally binding. Please read the Terms ofService, including any document referred to in these Terms of Service, for thecomplete picture of your legal requirements. By using Fiamp or any Fiampservices, you are agreeing to these terms. Be sure to occasionally check backfor updates.

Account Terms

To access and use the Services, you must register for a Fiamp account (“Account”) by providing your full legal name, current address, phone number, a valid email address, and any other information indicated as required. Fiamp may reject your application for an Account, or cancel an existing Account, for any reason, in our sole discretion.
You must be the older of: (i) 18 years, or (ii) at least the age of majority in the jurisdiction where you reside and from which you use the Services to open an Account.
You confirm that you are receiving any Services provided by Fiamp for the purposes of carrying on a business activity and not for any personal, household or family purpose.
You acknowledge that Fiamp will use the email address you provide on opening an Account or as updated by you from time to time as the primary method for communication with you. You must monitor the primary Account email address you provide to Fiamp and your primary Account email address must be capable of both sending and receiving messages. Your email communications with Fiamp can only be authenticated if they come from your primary Account email address.
You are responsible for keeping your password secure. Fiamp cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
You acknowledge that you are responsible for the creation and operation of your Fiamp Store.
You acknowledge and agree to provide public-facing contact information, a refund policy and order fulfilment timelines on your Fiamp Store.
Fiamp is not a marketplace. Any contract of sale through your Fiamp Store is directly between you and the buyer.
You are responsible for all activity and content such as photos, images, videos, graphics, written content, audio files, code, information, or data uploaded, collected, generated, stored, displayed, distributed, transmitted or exhibited on or in connection with your Account (“Materials”).
A breach or violation of any term in the Terms of Service, including the AUP, as determined in the sole discretion of Fiamp may result in an immediate termination of your Services.

AccountActivation

2.1 Store Owner

Subject to section 2.1(2), the person signing up for the Service by opening an Account will be the contracting party (“Store Owner”) for the purposes of our Terms of Service and will be the person who is authorized to use any corresponding Account we may provide to the Store Owner in connection with the Service. You are responsible for ensuring that the name of the Store Owner (including the legal name of the company that owns the Store, if applicable) is clearly visible on the Store’s website.
If you are signing up for the Services on behalf of your employer, your employer shall be the Store Owner. If you are signing up for the Services on behalf of your employer, then you must use your employer-issued email address and you represent and warrant that you have the authority to bind your employer to our Terms of Service.
Your Fiamp Store can only be associated with one Store Owner. A Store Owner may have multiple Fiamp Stores. “Store” means the online store or physical retail location(s) associated with the Account.

2.2 Staff Accounts

Based on your Fiamp pricing plan, you can create one or more staff accounts (“Staff Accounts”) allowing other people to access the Account. With Staff Accounts, the Store Owner can set permissions and let other people work in their Account while determining the level of access by Staff Accounts to specific business information (for example, you can limit Staff Account access to sales information on the Reports page or prevent Staff Accounts from changing general store settings).
The Store Owner is responsible and liable for the acts, omissions and defaults arising from use of Staff Accounts in the performance of obligations under these Terms of Service as if they were the Store Owner’s own acts, omissions or defaults.
The Store Owner and the users under Staff Accounts are each referred to as a“Fiamp User”.

Fiamp Rights

We reserve the right to modify or terminate the Services for any reason, without notice at any time. Not all Services and features are available in every jurisdiction and we are under no obligation to make any Services or features available in any jurisdiction.
We reserve the right to refuse service to anyone for any reason at any time.
We may, but have no obligation to, remove Materials and suspend or terminate Accounts if we determine in our sole discretion that the goods or services offered via a Store, or the Materials uploaded or posted to a Store, violate our Acceptable Use Policy (“AUP”) or these Terms of Service.
Verbal or written abuse of any kind (including threats of abuse or retribution) of any Fiamp customer, Fiamp employee, member, or officer will result in immediate Account termination.
Fiamp does not pre-screen Materials and it is in our sole discretion to refuse or remove any Materials from the Service, including your Store.
We reserve the right to provide our services to your competitors and make no promise of exclusivity in any particular market segment. You further acknowledge and agree that Fiamp employees and contractors may also be Fiamp customers/merchants and that they may compete with you, although they may not use your Confidential Information (as defined in Section 6) in doing so.
In the event of a dispute regarding Account ownership, we reserve the right to request documentation to determine or confirm Account ownership. Documentation may include, but is not limited to, a scanned copy of your business license, government issued photo ID, the last four digits of the credit card on file, your status as an employee of an entity, etc.
Fiamp retains the right to determine, in our sole judgment, rightful Account ownership and transfer an Account to the rightful Store Owner. If we are unable to reasonably determine the rightful Store Owner, without prejudice to our other rights and remedies, Fiamp reserves the right to temporarily disable an Account until resolution has been determined between the disputing parties.

Confidentiality

“Confidential Information” shall include, but shall not be limited to, any and all information associated with a party’s business and not publicly known, including specific business information, technical processes and formulas, software, customer lists, prospective customer lists, names, addresses and other information regarding customers and prospective customers, product designs, sales, costs (including any relevant processing fees), price lists, and other unpublished financial information, business plans and marketing data, and any other confidential and proprietary information, whether or not marked as confidential or proprietary. Fiamp’s Confidential Information includes all information that you receive relating to us, or to the Services, that is not known to the general public including information related to our security program and practices.
Each party agrees to use the other party’s Confidential Information solely as necessary for performing its obligations under these Terms of Service and in accordance with any other obligations in these Terms of Service including this Section 6. Each party agrees that it shall take all reasonable steps, at least substantially equivalent to the steps it takes to protect its own proprietary information, to prevent the duplication, disclosure or use of any such Confidential Information, other than (i) by or to its employees, agents and subcontractors who must have access to such Confidential Information to perform such party’s obligations hereunder, who each shall treat such Confidential Information as provided herein, and who are each subject to obligations of confidentiality to such party that are at least as stringent as those contained herein; or (ii) as required by any law, regulation, or order of any court of proper jurisdiction over the parties and the subject matter contained in these Terms of Service, provided that, if legally permitted, the receiving party shall give the disclosing party prompt written notice and use commercially reasonable efforts to ensure that such disclosure is accorded confidential treatment. Confidential Information shall not include any information that the receiving party can prove: (A) was already in the public domain, or was already known by or in the possession of the receiving party, at the time of disclosure of such information; (B) is independently developed by the receiving party without use of or reference to the other party’s Confidential Information, and without breaching any provisions of these Terms of Service; or (C) is thereafter rightly obtained by the receiving party from a source other than the disclosing party without breaching any provision of these Terms of Service.

Limitation of Liability

You expressly understand and agree that, to the extent permitted by applicable laws, Fiamp shall not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the Service.
To the extent permitted by applicable laws, in no event shall Fiamp or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our Services or these Terms of Service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, Fiamp partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these Terms of Service or the documents it incorporates by reference (including the AUP), or your violation of any law or the rights of a third party.
Your use of the Services is at your sole risk. The Services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory.
Fiamp does not warrant that the Services will be uninterrupted, timely, secure, or error-free.
Fiamp does not warrant that the results that may be obtained from the use of the Services will be accurate or reliable.
Fiamp is not responsible for any of your tax obligations or liabilities related to the use of Fiamp’s Services.
Fiamp does not warrant that the quality of any products, services, information, or other materials purchased or obtained by you through the Services will meet your expectations, or that any errors in the Services will be corrected.