User Terms and Conditions of Fairwai


Welcome to Fairwai. The following User Terms and Conditions (the “Terms“) explain how you can use the Fairwai mobile apps, websites (including fairwai.com), services and software (collectively “Fairwai“), provided to you by Fairwai S.A.S a French company registered at Le Havre RCS 843 387 267 domiciled at 115 Rue Jules Siegfried 76600 Le Havre. (“we” or “us“).Please read and get acquainted with these Terms before you get started. They apply to any users who access Fairwai (“users“), including you. By using Fairwai you agree to be bound by all of these Terms and to other terms regarding the collection and use of your information, which are set in our Privacy Policy.If you are using Fairwai on behalf of a group or organization, you agree to these Terms on behalf of that group or organization and represent that you have the authority to do so (and in that case, “you” refers to that group or organization).

1. What is Fairwai

Fairwai is an application that enable you to transform your email in chat and start conversation with your prospect or client using messaging. Fairwai also enable anyone to contact you with your “business-link” to start a conversation. You can access Fairwai using your cellular phone, mobile device or personal computer.We store your messages, and documents securely, on the servers of our Cloud Provider Firebase and Amazon Web Services.

2. User Obligations

By signing up to Fairwai, you agree to provide accurate information at all times and assume responsibility for all activity taking place in your Fairwai account, and for safeguarding any passwords that you use.You can only use Fairwai if you can form a legally binding contract with us under the laws that apply to you, according to wherever you are. You can use Fairwai only in compliance with these Terms and all laws and regulations applicable to you.We trust you to use Fairwai and our services responsibly – and there are several specific and obvious things that you agree not to do:Violate any applicable law in any way, or violate the privacy of others, or defame or disparage others.Interfere with Fairwai or the operation of the services, or disrupt any user, host, or network.Try to access another user’s account without explicit permission, or access your account using a method other than the interface and instructions provided by Fairwai. Copy, distribute, or disclose any part of Fairwai by any medium, reverse engineer or attempt to extract the source code of Fairwai software, or sell, trade, resell or otherwise exploit for any unauthorized commercial purpose or transfer any property of Fairwai. Send a virus, overload, spam, or mail-bomb any part of Fairwai, or plant malware or use Fairwai to distribute malware. Breach or circumvent any security or authentication measures, or probe, scan, or test any system or network for vulnerabilities. Publish anything that is fraudulent, misleading, or infringes another’s rights; or send deceptive or false source-identifying information, including “spoofing” and “phishing”; or impersonate or misrepresent your affiliation with any person or entity. We may permanently or temporarily revoke or suspend your access to Fairwai without notice and liability for any reason, including a violation of these Terms. These terms will continue to apply and bind you upon termination, for any reason or no reason.

3. Security and Privacy

We place the greatest importance on protecting your privacy and maintaining the security and integrity of your personal information. Please carefully review our Privacy Policy , which explains exactly the measures we use when collecting and storing your information.However, like any application or service provider, we can’t guarantee that our security measures will never be defeated or breached by unauthorized third parties seeking to use your personal information for improper purposes. You acknowledge that you provide your personal information at your own risk.

4. Software and License

Use of Fairwai requires you to connect you to the Webapp or download a client software package. To use Fairwai you must have a compatible mobile device, and we can’t guarantee that Fairwai will work on your device.Subject to your compliance with these Terms, we hereby give you a limited, non-exclusive, non-transferable, non-sub-licensable, freely revocable license to use Fairwai, for your commercial or personal use. Your license is automatically revoked if you violate these Terms. From time to time, we may issue upgraded versions of Fairwai. You agree that these Terms will apply to all such upgrades.Any third-party code that may be incorporated in the application is covered by the applicable open source or third-party license EULA, if any, authorizing the use of such code.

5. Fairwai’s Content and Property

We retain our right, title, and interest in Fairwai and all its components, including, without limitation, patents, trademarks, service marks, copyrights, know-how, software, text, design, graphics, logos and all intellectual property rights related to all of these (the “Fairwai Rights”).We reserve all rights not expressly granted in these Terms in Fairwai and the Fairwai Rights. These Terms do not provide you with any rights to use our trademarks, logos, domain names, or any other brand features. Use of Fairway Rights for any purpose not expressly permitted by these Terms is strictly prohibited.You may choose to give us feedback about Fairwai, including ideas and improvements. We welcome and look forward to such submissions. By using Fairwai, you agree that Fairwai is free to use any such feedback (or a similar concept developed internally by Fairwai or obtained from another source) or share it with others, at any time, and you will not be entitled to any compensation or recognition for Fairwai’s usage of your feedback.

6. Your Content and Property

By using Fairwai, you allow Fairwai to help manage your conversations with Instant Messaging using email, video chat or VOIP (voice over internet protocol) (including content, information, images and other attachments in those conversations) which you upload, submit, or transmit through Fairwai (“User Data”). We don’t gain any ownership in the User Data – you retain ownership of any intellectual property rights that you hold in the User Data. These Terms do not give us any rights to the contents of your conversations or email or intellectual property, except for the limited rights we need to provide Fairwai to you, as explained in these Terms. You are and remain responsible and liable for anything you send, receive, copy, share, upload, download, attach or otherwise do while using Fairwai, and you represent that you have all necessary rights to use the User Data on or through Fairwai.

7. Copyright Infringement

You are responsible and liable for the User Data and anything you send, receive, copy, share, upload, download, attach or otherwise do while using Fairwai. If we receive notices of alleged copyright infringement, we will respond according to the process set in the U.S. Digital Millennium Copyright Act. We reserve the right to suspend your account, delete or disable content alleged to be infringing, and terminate the account of a repeated infringer.

8. Representations and Warranties

While we make our best efforts to provide you with satisfactory services, we can’t promise that there will never be problems. Fairwai is provided to you on an “AS-IS” and “AS AVAILABLE” basis, to be used at your own risk and responsibility. To the maximum extent permitted by applicable law, Fairwai is provided without warranties of any kind, whether expressed or implied, including, but not limited to, implied warranties of non-infringement, merchantability or fitness for a particular purpose. Without limiting the foregoing, neither we nor our licensors warrant that the content is accurate, reliable or correct; that any defects or errors will be corrected; that Fairwai or the software will be available at any particular time or location, uninterrupted or secure; or that Fairwai or the software is free of viruses, malware or other harmful components. Any content downloaded or otherwise obtained through the use of Fairwai is downloaded at your own risk and you will be responsible for any damage to your mobile device, cell phone or other system, or for any loss of data resulting from such download or use of Fairwai.

9. Limitation of Liability

To the maximum extent permitted by law, in no event will we or our affiliates, officers, employees, agents, suppliers or licensors be liable for (a) any indirect, special, incidental, punitive, exemplary or consequential (including loss of use, data, business, or profits) damages, regardless of legal theory, whether or not we have been warned of the possibility of such damages, and even if a remedy fails of its essential purpose; (b) any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amounts paid by you to us in order to use Fairwai (if any) for the past three months. Some jurisdictions do not allow the types of limitations in this paragraph, so they may not apply to you.

10. Indemnity

You agree to defend, indemnify and hold harmless us and our affiliates, officers, employees, agents, suppliers or licensors, 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: (i) your use of and access to Fairwai, including any data or content transmitted or received by you; (ii) your violation of any term of these Terms; (iii) your violation of any third party right, including without limitation any right of privacy or intellectual property rights; (iv) your violation of any applicable law, rule or regulation; (v) any of your User Data or anything that is submitted through your account; or (vi) any other party’s access and use of Fairwai with your username, password or other security code.

11. Changes and Modifications

We are constantly changing and improving Fairwai and the services. We may add or remove features, and while we will attempt to give advance notice of any major changes.We may, in our sole discretion, modify or update these Terms from time to time, we will ask you to review this page after modification. And provide us your acceptance of the new Terms of Service.. If you do not agree to any of these or any future Terms, do not use or continue to access Fairwai.

12. Notifications

We may provide to you notifications, whether required by law or for marketing or other business related purposes, via email notice, written or hard copy notice, or through the posting of such notice on our website, as determined in our sole discretion. We reserve the right to determine the form and means of providing notifications to our users, provided that you may opt out of certain means of notification as described in these Terms. We shall not be responsible for any automatic filter which you or your network provider may apply to email notifications we send to the email address you provide us.

13. Governing Law and Arbitration

These Terms shall be governed by the laws of France without giving effect to their conflict of law principles. You consent to the exclusive jurisdiction and venue of competent courts in Le Havre, France for any dispute arising from or relating to these Terms.

14. Miscellaneous

These Terms constitute the entire and exclusive agreement between you and us with respect to Fairwai, and supersede and replace any other agreements, terms and conditions applicable to Fairwai.These Terms create no third party beneficiary rights.Our failure to enforce a provision is not a waiver of our right to do so later. If a provision is found unenforceable the remaining provisions of these Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible.You may not assign any of your rights in these Terms, and any such attempt is void, but the Terms may be assigned by us without restriction. Any attempt by you to transfer any of the rights, duties or obligations hereunder, except as expressly provided for in these Terms, is void.We and you are not legal partners or agents; instead, our relationship is that of independent contractors.Please contact us at contact@fairwai.com for any questions regarding these Terms.

Last Modified: July, 2019.