Terms of Service
fhit.io ("we", "us", "fhit.io, Inc.") provides a software-as-a-service solution available anytime, anywhere, on any device. Please read this Terms of Service agreement carefully before accessing or using fhit.io. Because it is such an important contract between us and our users, we have tried to make it as clear as possible. For your convenience, we have presented these terms in a short non-binding summary followed by the full legal terms.
Effective March 01, 2020
Short version: We use these basic terms throughout the agreement, and they have specific meanings. You should know what we mean when we use each of the terms. There's not going to be a test on it, but it's still useful information.
The "Service" refers to the applications, software, products, and services provided by fhit.io.
The "Website" refers to fhit.io's website located at ExampleDomain.com, and all content, services, and products provided by fhit.io at or through the Website. It also refers to fhit.io owned subdomains of ExampleDomain.com, such as app.ExampleDomain.com. These Terms also govern fhit.io's conference websites. Occasionally, websites owned by fhit.io may provide different or additional terms of service. If those additional terms conflict with this Agreement, the more specific terms apply to the relevant page or service.
The "User", "You," and "Your" refer to the individual person, company, or organization that has visited or is using the Website or Service; that accesses or uses any part of the Account; or that directs the use of the Account in the performance of its functions. A User must be at least 18 years of age.
"fhit.io", "We", and "Us" refer to fhit.io, Inc., as well as our affiliates, directors, subsidiaries, contractors, licensors, officers, agents, and employees.
"Content" refers to content featured or displayed through the Website, including without limitation text, data, articles, images, photographs, graphics, software, applications, designs, features, and other materials that are available on the Website or otherwise available through the Service. "Content" also includes Services. "User-Generated Content" is Content, written or otherwise, created or uploaded by our Users. "Your Content" is Content that you create or own.
An "Account" represents your legal relationship with fhit.io. A "User Account" represents an individual User's authorization to log in to and use the Service and serves as a User's identity on fhit.io. "Organizations" are shared workspaces that may be associated with a single entity or with one or more Users where multiple Users can collaborate across many projects at once. A User Account can be a member of any number of Organizations.
Short version: User Accounts and Organizations have different administrative controls; a human must create your Account; you must be 18 or over; you must provide a valid email address; and you may not have more than one free Account. You alone are responsible for your Account and anything that happens while you are signed in to or using your Account. You are responsible for keeping your Account secure.
- Users. Subject to these Terms, you retain ultimate administrative control over your User Account and the Content within it.
- Organizations. The "owner" of an Organization that was created under these Terms has ultimate administrative control over that Organization and the Content within it. Within the Service, an owner can manage User access to the Organization's data and projects. An Organization may have multiple owners, but there must be at least one User Account designated as an owner of an Organization. If you are the owner of an Organization under these Terms, we consider you responsible for the actions that are performed on or through that Organization.
You must provide a valid email address, name and phone number in order to complete the signup process. Any other information requested, such as your real name, is optional, unless you are accepting these terms on behalf of a legal entity (in which case we need more information about the legal entity) or if you opt for a paid Account, in which case additional information will be necessary for billing purposes.
We have a few simple rules for User Accounts on fhit.io's Service.
- You must be a human to create an Account. Accounts registered by "bots" or other automated methods are not permitted. We do permit machine accounts. A machine account is an Account set up by an individual human who accepts the Terms on behalf of the Account, provides a valid email address, and is responsible for its actions. A machine account is used exclusively for performing automated tasks. Multiple users may direct the actions of a machine account, but the owner of the Account is ultimately responsible for the machine's actions. You may maintain no more than one free machine account in addition to your free User Account. One person or legal entity may maintain no more than one free Account (if you choose to control a machine account as well, that's fine, but it can only be used for running a machine).
- You must be age 18 or older. While we are thrilled to see brilliant young coders get excited by learning to program, we must comply with United States law. fhit.io does not target our Service to children under 18, and we do not permit any Users under 18 on our Service. If we learn of any User under the age of 18, we will terminate that User's Account immediately. If you are a resident of a country outside the United States, your country's minimum age may be older; in such a case, you are responsible for complying with your country's laws.
- Your login may only be used by one person — i.e., a single login may not be shared by multiple people. A paid Organization may only provide access to as many User Accounts as your subscription allows.
User Account Security
You are responsible for keeping your Account secure while you use our Service. We offer tools to help you maintain your Account's security, but the content of your Account and its security are up to you.
- You are responsible for all content posted and activity that occurs under your Account (even when content is posted by others who have Accounts under your Account).
- You are responsible for maintaining the security of your Account and password. fhit.io cannot and will not be liable for any loss or damage from your failure to comply with this security obligation.
- You will promptly notify fhit.io if you become aware of any unauthorized use of, or access to, our Service through your Account, including any unauthorized use of your password or Account.
In some situations, third parties' terms may apply to your use of fhit.io. For example, you may be a member of an organization on fhit.io with its own terms or license agreements; you may download an application that integrates with fhit.io; or you may use fhit.io to authenticate to another service. Please be aware that while these Terms are our full agreement with you, other parties' terms govern their relationships with you.
Short version: fhit.io hosts a wide variety of collaborative projects privately for your teams, and that collaboration only works when our users are able to work together in good faith. While using the service, you are restricted on content that can be included in your private projects, conduct on the service, and other limitations.
Compliance with Laws and Regulations
Your use of the Website and Service must not violate any applicable laws, including copyright or trademark laws, export control laws, or other laws in your jurisdiction. You are responsible for making sure that your use of the Service is in compliance with laws and any applicable regulations.
You agree that you will not under any circumstances upload, post, host, or transmit any content that:
- is unlawful or promotes unlawful activities;
- is pornography or contains sexually obscene content;
- is libelous, defamatory, or fraudulent;
- is discriminatory or abusive toward any individual or group;
- contains or installs any active malware or exploits, or uses our platform for exploit delivery (such as part of a command and control system); or
- infringes on any proprietary right of any party, including patent, trademark, trade secret, copyright, right of publicity, or other rights.
While using fhit.io, you agree that you will not under any circumstances:
- harass, abuse, threaten, or incite violence towards any individual or group, including fhit.io employees, officers, and agents, or other fhit.io Users;
- use our servers for any form of excessive automated bulk activity (for example, spamming), or relay any other form of unsolicited advertising or solicitation through our servers, such as get-rich-quick schemes;
- attempt to disrupt or tamper with fhit.io's servers in ways that could harm our Website or Service, to place undue burden on fhit.io's servers through automated means, or to access fhit.io's Service in ways that exceed your authorization;
- impersonate any person or entity, including any of our employees or representatives, including through false association with fhit.io, or by fraudulently misrepresenting your identity or site's purpose; or
- violate the privacy of any third party, such as by posting another person's personal information without consent.
Services Usage Limits
You agree not to reproduce, duplicate, copy, sell, resell or exploit any portion of the Service, use of the Service, or access to the Service without fhit.io's express written permission.
Scraping refers to extracting data from our Website via an automated process, such as a bot or webcrawler. It does not refer to the collection of information through fhit.io's API. You may not scrape the website.
Misuse of fhit.io Users' Personal Information is prohibited.
Excessive Bandwidth Use
If we determine your bandwidth usage to be significantly excessive in relation to other fhit.io customers, we reserve the right to suspend your Account or throttle your file hosting until you can reduce your bandwidth consumption.
You agree not to engage in activity that significantly harms our Users. We will resolve disputes in favor of protecting our Users as a whole.
Short version: Your projects are private. We treat the content of private projects as confidential, and we only access it for support reasons, with your consent, or if required to for security reasons.
Control of Private projects
Some Accounts, such as paid Accounts, may have private projects, which allow the User to control access to Content.
Confidentiality of Private projects
fhit.io considers the contents of private projects to be confidential to you. fhit.io will protect the contents of private projects from unauthorized use, access, or disclosure in the same manner that we would use to protect our own confidential information of a similar nature and in no event with less than a reasonable degree of care.
fhit.io employees may only access the content of your private projects in the following situations:
- With your consent and knowledge, for support reasons. If fhit.io accesses a private procedure for support reasons, we will only do so with the owner's consent and knowledge.
- When access is required for security reasons, including when access is required to maintain ongoing confidentiality, integrity, availability and resilience of fhit.io's systems and Service.
You may choose to enable additional access to your private projects. For example:
- You may enable various fhit.io services or features that require additional rights to Your Content in private projects. These rights may vary depending on the service or feature, but fhit.io will continue to treat your private procedure Content as confidential. If those services or features require rights in addition to those we need to provide the fhit.io Service, we will provide an explanation of those rights.
If we have reason to believe the contents of a private procedure are in violation of the law or of these Terms, we have the right to access, review, and remove them. Additionally, we may be compelled by law to disclose the contents of your private projects.
Short version: We offer paid subscriptions in order to provide your team with more robust solution. It is optional for you to subscribe to a paid plan.
Certain functionality provided by fhit.io are provided free-of-charge. Other functionality requires payment before you can access them. The functionality that may be accessed after payment are is referred to as the "Premium Service" plan (the "Paid Subscriptions"). The functionality that does not require payment is currently referred to as the "Basic Service" plan.
Premium Service availability
The Premium Service plan may not be available to all users. When you register for a Paid Subscription, you consent to get access to the Premium Service immediately.
If you cancel your subscription to the Premium Service plan, or if your subscription to the Premium Service is interrupted (for example, if you change your payment details), you may not be able to re-subscribe for the Premium Service.
The Premium Service includes a fee for number of users (seats) with status of active in a given month.
Short version: You are responsible for any fees associated with your use of fhit.io. We are responsible for communicating those fees to you clearly and accurately, and letting you know well in advance if those prices change.
If you agree to a subscription price, that will remain your price for the duration of the payment term; however, prices are subject to change at the end of a payment term.
If we change the price for a Paid Subscription, we will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Service prior to the price change going into effect. Please therefore make sure you read any such notification of price changes carefully.
Upgrades, Downgrades, and Changes
We will immediately bill you when you upgrade from the free plan to any paying plan.
If you change from a monthly billing plan to a yearly billing plan, fhit.io will bill you for a full year at the next monthly billing date.
If you upgrade to a higher level of service, we will bill you for the upgraded plan immediately.
You may change your level of service at any time by choosing a plan option or going into your Billing settings. If you choose to downgrade your Account, you may lose access to Content, features, or capacity of your Account.
Billing Schedule; No Refunds
For monthly or yearly payment plans, the Service is billed on a monthly or yearly basis respectively and is non-refundable. There will be no refunds or credits for partial months of service, downgrade refunds, or refunds for months unused with an open Account. In order to treat everyone equally, no exceptions will be made.
Billing will occur automatically on the same day each proceeding month. E.g. subscribed to a monthly plan on the 2nd of the month will always be billed on the 2nd.
By agreeing to these Terms, you are giving us permission to charge your on-file credit card, PayPal account, or other approved methods of payment for fees that you authorize for fhit.io.
Responsibility for Payment
You are responsible for all fees, including taxes, associated with your use of the Service. By using the Service, you agree to pay fhit.io any charge incurred in connection with your use of the Service. If you dispute the matter, contact Support. You are responsible for providing us with a valid means of payment for paid Accounts. Free Accounts are not required to provide payment information.
Cancellation and Termination
Short version: You may close your Account at any time. If you do, we'll treat your information responsibly.
It is your responsibility to properly cancel your Account with fhit.io. You can cancel your Account at any time by going into your Settings in the global navigation bar at the top of the screen. The Account screen provides a simple, no questions asked cancellation link. We are not able to cancel Accounts in response to an email or phone request.
We will retain and use your information as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements, but barring legal requirements, we will delete your full profile and the Content of your projects within 30 days of cancellation or termination (though some information may remain in encrypted backups). This information can not be recovered once your Account is cancelled.
Upon request, we will make a reasonable effort to provide an Account owner with a copy of your lawful, non-infringing Account contents after Account cancellation, termination, or downgrade. You must make this request within 90 days of cancellation, termination, or downgrade.
fhit.io May Terminate
fhit.io has the right to suspend or terminate your access to all or any part of the Website at any time, with or without cause, with or without notice, effective immediately. fhit.io reserves the right to refuse service to anyone for any reason at any time.
All provisions of this Agreement which by their nature should survive termination will survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
Short version: You agree to these Terms of Service, plus this section, when using any of fhit.io's APIs (Application Provider Interface), including use of the API through a third party product that accesses fhit.io.
No Abuse or Overuse of the API
Abuse or excessively frequent requests to fhit.io via the API may result in the temporary or permanent suspension of your Account's access to the API. fhit.io, in our sole discretion, will determine abuse or excessive usage of the API. We will make a reasonable attempt to warn you via email prior to suspension.
You may not share API tokens to exceed fhit.io's rate limitations.
All use of the fhit.io API is subject to these Terms of Service and the fhit.io Privacy Statement.
fhit.io may offer subscription-based access to our API for those Users who require high-throughput access or access that would result in resale of fhit.io's Service.
Intellectual Property Notice
Short version: We own the service and all of our content. In order for you to use our content, we give you certain rights to it, but you may only use our content in the way we have allowed.
fhit.io's Rights to Content
Communications with fhit.io
Short version: We use email and other electronic means to stay in touch with our users.
Electronic Communication Required
For contractual purposes, you (1) consent to receive communications from us in an electronic form via the email address you have submitted or via the Service; and (2) agree that all Terms of Service, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that those communications would satisfy if they were on paper. This section does not affect your non-waivable rights.
Legal Notice to fhit.io Must Be in Writing
Communications made through email or fhit.io Support's messaging system will not constitute legal notice to fhit.io or any of its officers, employees, agents or representatives in any situation where notice to fhit.io is required by contract or any law or regulation. Legal notice to fhit.io must be in writing and served on fhit.io's legal agent.
Disclaimer of Warranties
Short version: We provide our service as is, and we make no promises or guarantees about this service. Please read this section carefully; you should understand what to expect.
fhit.io provides the Website and the Service "as is" and "as available," without warranty of any kind. Without limiting this, we expressly disclaim all warranties, whether express, implied or statutory, regarding the Website and the Service including without limitation any warranty of merchantability, fitness for a particular purpose, title, security, accuracy and non-infringement.
fhit.io does not warrant that the Service will meet your requirements; that the Service will be uninterrupted, timely, secure, or error-free; that the information provided through the Service is accurate, reliable or correct; that any defects or errors will be corrected; that the Service will be available at any particular time or location; or that the Service is free of viruses or other harmful components. You assume full responsibility and risk of loss resulting from your downloading and/or use of files, information, content or other material obtained from the Service.
Limitation of Liability
Short version: We will not be liable for damages or losses arising from your use or inability to use the service or otherwise arising under this agreement. Please read this section carefully; it limits our obligations to you.
You understand and agree that we will not be liable to you or any third party for any loss of profits, use, goodwill, or data, or for any incidental, indirect, special, consequential or exemplary damages, however arising, that result from
- your use or inability to use the Service;
- any modification, price change, suspension or discontinuance of the Service;
- the Service generally or the software or systems that make the Service available;
- unauthorized access to or alterations of your transmissions or data;
- statements or conduct of any third party on the Service;
- any other user interactions that you input or receive through your use of the Service; or
- any other matter relating to the Service.
Our liability is limited whether or not we have been informed of the possibility of such damages, and even if a remedy set forth in this Agreement is found to have failed of its essential purpose. We will have no liability for any failure or delay due to matters beyond our reasonable control.
Release and Indemnification
Short version: You are responsible for your use of the service. If you harm someone else or get into a dispute with someone else, we will not be involved.
If you have a dispute with one or more Users, you agree to release fhit.io from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
You agree to indemnify us, defend us, and hold us harmless from and against any and all claims, liabilities, and expenses, including attorneys' fees, arising out of your use of the Website and the Service, including but not limited to your violation of this Agreement, provided that fhit.io (1) promptly gives you written notice of the claim, demand, suit or proceeding; (2) gives you sole control of the defense and settlement of the claim, demand, suit or proceeding (provided that you may not settle any claim, demand, suit or proceeding unless the settlement unconditionally releases fhit.io of all liability); and (3) provides to you all reasonable assistance, at your expense.
Changes to These Terms
Short version: We want our users to be informed of important changes to our terms, but some changes aren't that important — we don't want to bother you every time we fix a typo. So while we may modify this agreement at any time, we will notify users of any changes that affect your rights and give you time to adjust to them.
We reserve the right, at our sole discretion, to amend these Terms of Service at any time and will update these Terms of Service in the event of any such amendments. We will notify our Users of material changes to this Agreement, such as price changes, at least 30 days prior to the change taking effect by posting a notice on our Website. For non-material modifications, your continued use of the Website constitutes agreement to our revisions of these Terms of Service.
We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website (or any part of it) with or without notice.
Except to the extent applicable law provides otherwise, this Agreement between you and fhit.io and any access to or use of the Website or the Service are governed by the federal laws of the United States of America and the laws of the State of Alaska, without regard to conflict of law provisions. You and fhit.io agree to submit to the exclusive jurisdiction and venue of the courts located in the City and Borough of Anchorage, Alaska.
fhit.io may assign or delegate these Terms of Service and/or the fhit.io Privacy Statement, in whole or in part, to any person or entity at any time with or without your consent. You may not assign or delegate any rights or obligations under the Terms of Service or Privacy Statement without our prior written consent, and any unauthorized assignment and delegation by you is void.
Section Headings and Summaries
Throughout this Agreement, each section includes titles and brief summaries of the following terms and conditions. These section titles and brief summaries are not legally binding.
Severability, No Waiver, and Survival
If any part of this Agreement is held invalid or unenforceable, that portion of the Agreement will be construed to reflect the parties' original intent. The remaining portions will remain in full force and effect. Any failure on the part of fhit.io to enforce any provision of this Agreement will not be considered a waiver of our right to enforce such provision. Our rights under this Agreement will survive any termination of this Agreement.
Amendments; Complete Agreement
This Agreement may only be modified by a written amendment signed by an authorized representative of fhit.io, or by the posting by fhit.io of a revised version in accordance with section Changes to These Terms. These Terms of Service, together with the fhit.io Privacy Statement, represent the complete and exclusive statement of the agreement between you and us. This Agreement supersedes any proposal or prior agreement oral or written, and any other communications between you and fhit.io relating to the subject matter of these terms including any confidentiality or nondisclosure agreements.
Questions about the Terms of Service? Contact Support.