Terms of Service

Effective Date : November 15, 2023

These Terms of Service ("Terms") govern your use of the websites and other services operated by FAI Enterprises, Inc., a Delaware corporation ("FAI Enterprises," "we," "us" or "our") where these Terms are posted (collectively, the "Sites"). These Terms represent a binding contract between FAI Enterprises and you. By creating an account or otherwise accessing the Sites, you expressly represent that you are legally competent to enter into this agreement and agree to be bound by these Terms. If you do not agree to be bound by the Terms, you may not use the Sites.

Certain areas, features, or functionality of the Sites may be subject to different or additional terms, rules, guidelines or policies ("Additional Rules"), and we may provide such Additional Rules to you via postings, pop-up notices, links, or other means at the time that you access or use the relevant area, feature or functionality. From time to time, such Additional Rules may conflict with these Terms. In the event of such a conflict, the Additional Rules will control. Any reference to the "Terms" in this agreement includes the Additional Rules.

IMPORTANT NOTICE : PLEASE NOTE THE ARBITRATION REQUIREMENT AND CLASS ACTION WAIVER SET FORTH BELOW, WHICH REQUIRES YOU TO ARBITRATE CLAIMS YOU MAY HAVE AGAINST US ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT FOR A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE CAPACITY.

ABOUT THE SITES

FAI Enterprises does not make any representation about the efficacy, accuracy, appropriateness or suitability of any data, statistics or other information that may be contained on, available through or generated by the Sites. FAI Enterprises makes no representation and assumes no responsibility for the accuracy of information or content contained on, available through or generated by the Sites, and such information and content is subject to change without notice. The services provided by FAI Enterprises through the Sites and content produced are intended to be first drafts of such materials. You are encouraged to confirm any information obtained from, through or generated by the Sites with other sources.

ACCOUNT CREATION AND PASSWORDS

To access certain portions of the Sites, you must create an account. You agree to provide truthful and accurate information during the account creation process. You also agree to maintain the accuracy of any submitted data. If you provide any information that is untrue, inaccurate, or incomplete, we reserve the right to terminate your account and suspend your use of any and all of the Sites.

You are responsible for preserving the confidentiality of your account password and will notify us of any known or suspected unauthorized use of your account. You agree that you are responsible for all acts or omissions that occur on your account while your password is being used.

COPYRIGHT AND TRADEMARK OWNERSHIP

The Sites and their content, features and functionality, including, without limitation, information, text, graphics, logos, button icons, images, data compilations, software, code and the design, selection and arrangement thereof (collectively, the "FAI Enterprises Content"), are the exclusive property of FAI Enterprises, our licensors, or other content suppliers, and are protected by United States and international copyright, trademark, patent and other intellectual property or proprietary rights laws, and may not be used or exploited in any way without our prior written consent.

FAI Enterprises grants to you a non-exclusive, non-transferable, non-sublicensable, limited right and license to use the Sites and the FAI Enterprises Content during your subscription term solely as reasonably necessary for your use of the Sites in accordance with these Terms. For clarity, FAI Enterprises' software products are provided on a remote, software-as-a-service basis only. This license is available to you as long as you are not barred from the Sites by applicable law and your access is not terminated by us. If these Terms are not enforceable where you are located, you may not use the Sites. FAI Enterprises reserves all right, title, and interest not expressly granted under this license to the fullest extent possible under applicable laws.

Any unauthorized use of the FAI Enterprises Content may violate copyright laws, trademark laws, the laws of privacy and publicity, and applicable regulations and statutes. You agree to comply with reasonable written requests from us to help us protect our proprietary and intellectual property rights.

YOUR INTELLECTUAL PROPERTY RIGHTS AND LICENSE GRANT

"Customer Data" means any content, materials, data and other information that (a) you enter into the production system of Docufi and (b) you derive from its use of and stores in Docufi, including any reports generated by Docufi. You represent and warrant to FAI Enterprises that your use of our services and all Customer Data is and will be at all times compliant with our privacy policies and all applicable local, state, federal and international laws, regulations and conventions, including, without limitation, those related to data privacy, international communications, and the exportation of technical or personal data (including Personal Data (as defined below)). You are solely responsible for the accuracy, content and legality of all Customer Data. You represent and warrant to FAI Enterprises that you have sufficient rights in the Customer Data to grant the rights granted to FAI Enterprises in the below paragraph and that the Customer Data does not infringe or otherwise violate the rights of any third party. You represent and warrant that have the right and are authorized to use and upload all Customer Data that is entered into Docufi or any other Site from your account.

You, or your client or other entity for which you act as an agent of, shall retain all right, title and interest (including any and all intellectual property rights) in and to the Customer Data. You hereby grant to FAI Enterprises a non-exclusive, worldwide, irrevocable, transferable, sublicensable (through multiple tiers), fully paid-up, royalty-free right and license to use, copy, store, transmit, modify, and display the Customer Data in order to: (a) maintain and provide the Sites; (b) improve our products and services and for our other business purposes, such as data analysis, customer research, developing new products or features, and identifying usage trends; and (c) perform such other actions as authorized or instructed by you in writing (email to suffice).

CONFIDENTIALITY

The recipient agrees not to disclose Confidential Information (as hereinafter defined) except to its, employees, contractors and agents who need to know it and have agreed in writing to keep it confidential. Only those parties may use the Confidential Information, and only to exercise the recipient's rights and fulfill its obligations under this Agreement, while using at least a reasonable degree of care to protect it. The recipient may also disclose Confidential Information to the extent required by law after providing reasonable notice to the discloser and cooperating to obtain confidential treatment. Unauthorized disclosure of Confidential Information may cause harm not compensable by damages, and the disclosing party may seek injunctive or equitable relief in a court of competent jurisdiction, without posting a bond, to protect its Confidential Information. "Confidential Information" means information disclosed by one party to the other that is marked as confidential or proprietary or that ought reasonably to be understood as confidential or proprietary. All FAI Enterprises Technology, performance information relating to the Sites, and the terms and conditions of this Agreement (including the fees and pricing information) shall be deemed Confidential Information of FAI Enterprises without any marking or further designation. Confidential Information shall include Customer Data, provided that Confidential Information does not include De-Identified Data nor information that the recipient already lawfully knew, that becomes public through no fault of the recipient, that was independently developed by the recipient without any reference to or use of Confidential Information, or that was rightfully obtained by the recipient from a third party..

USER CONDUCT

By using the Sites, you agree to not use the Sites in any manner that:

If you use the Sites in any manner as set forth above, FAI Enterprises may, at its sole discretion, remove your access to the Sites, including Docufi.

BILLING AND PAYMENT

A. Paid Subscriptions. Many aspects of the Sites require payment before they can be accessed or used ("Paid Subscriptions"). While Paid Subscription options will vary from time to time, they will require you to pay a recurring fee on a monthly, bi-annual, or annual basis, or at some other recurring interval disclosed to you prior to purchase (the "Subscription Period").

Your Paid Subscription will typically be subject to Additional Terms presented to you prior to purchase. Please carefully review the terms of the applicable offer before registering for a Paid Subscription. We may change the price of Paid Subscriptions from time to time, but we will communicate any price changes to you in advance in the manner required by applicable law (if any) and, if applicable, we will tell you how to accept those changes. Price changes for Paid Subscriptions will take effect at the start of the next Subscription Period.

By registering for a Paid Subscription, you authorize us to charge your credit card or other account that you have designated, on a recurring basis, for the applicable subscription fee at the then current rate plus applicable tax. All fees are charged in US Dollars (USD).

B. Auto-Renewal and Cancellation. The subscription fee for a Paid Subscription will be billed at the beginning of your Subscription Period or expiration of your free trial period, if any. Paid Subscriptions automatically renew until they are cancelled as described below. This means that, after your initial Subscription Period, and again after any subsequent Subscription Periods, you will automatically be billed for an additional period of the same length. For example, if you select a monthly subscription, you will be billed for an additional month at the beginning of the next month, and then for each month after that, until you cancel your subscription.

You may cancel your subscription at any time by logging into your account on the Sites or contacting us at hello@docufi.ai. You have the right to cancel your subscription without fee or penalty at any time. If you cancel your subscription, cancellation will be effective at the end of the current Subscription Period. After cancellation, you will have continued access to the applicable content and/or services for the remainder of the current Subscription Period, but you will not receive any refund, unless otherwise stated at the time of cancellation. Please note that the provision of a full or partial refund in one instance will not entitle you or any person to a full or partial refund under similar circumstances or for any reason not specifically agreed to by FAI Enterprises.

C. Free Trials. On certain occasions, FAI Enterprises may offer free trials of its paid services. If we offer you a free trial, the specific terms of the free trial will be stated on the relevant portion of the Sites or the marketing material describing the free trial. If you do not cancel your free trial within the trial period set out in the terms of the free trial, it will automatically convert to a Paid Subscription. This means that we will charge your payment card for the applicable subscription fee once your free trial period ends and we will continue charging you for each recurring Subscription Period until you cancel the subscription. You may cancel your subscription at any time by logging into your account or contacting us at hello@docufi.ai. The free trial offer terms will present the details of the free trial and the Paid Subscription that will result absent cancellation.

LINKS TO EXTERNAL SITES

The Sites may contain links to other websites. We are not responsible for the availability of these external websites nor do we necessarily endorse the activities or services provided by these websites. Under no circumstances shall we be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused to a user in connection with the use of or reliance on any content, goods or services available on such external websites.

NO FRAMING

Without the prior written permission of FAI Enterprises, you may not frame, or make it appear that a third-party site is presenting or endorsing, any of the content of the Sites, or incorporate any intellectual property of the Sites, FAI Enterprises or any of its licensors into another website or other service.

PRIVACY

We respect your privacy and have taken specific steps to protect it. Your submission of personal information through the Sites is governed by our Privacy Policy.

DISCLAIMER OF WARRANTIES

TO THE FULLEST EXTENT PERMITTED UNDER LAW AND SAVE FOR THE RIGHTS GRANTED TO CONSUMERS UNDER APPLICABLE LAWS, THE SITES AND THE CONTENT ON THE SITES ARE PROVIDED "AS IS." FAI ENTERPRISES MAKES NO REPRESENTATION OR WARRANTY OF ANY KIND WHATSOEVER TO YOU OR ANY OTHER PERSON RELATING IN ANY WAY TO THE SITES OR THE CONTENT OR COMMUNICATIONS ON THE SITES, OR ANY WEBSITE OR OTHER CONTENT OR SERVICE THAT MAY BE ACCESSIBLE DIRECTLY OR INDIRECTLY THROUGH THE SITES, TO THE EXTENT PERMITTED BY LAW. FAI ENTERPRISES DISCLAIMS IMPLIED WARRANTIES THAT THE SITES AND ALL SOFTWARE, CONTENT AND SERVICES, INFORMATION DISTRIBUTED THROUGH THE SITES ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY FAI ENTERPRISES OR A REPRESENTATIVE SHALL CREATE A WARRANTY. FAI ENTERPRISES DISCLAIMS ANY RESPONSIBILITY FOR ANY INACCURACY OR ERROR IN ANY MATERIALS GENERATED BY SITES. THE MATERIALS PRODUCED BY THE SITES ARE INTENDED TO BE A FIRST DRAFT OF SUCH MATERIALS AND NOT THE FINAL PRODUCT. YOU ARE SOLELY LIABLE AND RESPONSIBLE FOR REVIEWING AND PROOF READING ANY MATERIALS RECEIVED FROM THE SITES TO ENSURE THEIR ACCURACY AND ADHERENCE TO DATA INPUTTED BY YOU.

WITHOUT LIMITING THE FOREGOING, FAI ENTERPRISES MAKES NO WARRANTY THAT (a) THE SERVICES PROVIDED BY FAI ENTERPRISES SERVICES, INCLUDING ANY TECHNOLOGY OF FAI ENTERPRISES TECHNOLOGY, REPORTS, THE SITES OR ANY OTHER SERVICES OR DELIVERABLES PROVIDED HEREUNDER (COLLECTIVELY, THE "MATERIALS") WILL MEET THE REQUIREMENTS OF USER OR OPERATE IN COMBINATION WITH ANY HARDWARE, SOFTWARE OR DATA NOT PROVIDED BY FAI ENTERPRISES, (b) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE MATERIALS WILL BE ACCURATE, RELIABLE OR ERROR-FREE, OR (d) THAT THE MATERIALS BE FREE OF ERRORS AND THAT ANY SUCH ERRORS IN THE MATERIALS WILL BE CORRECTED. THE CONTENT PROVIDED THROUGH OR IN CONNECTION WITH THE FAI ENTERPRISES SERVICES IS DESIGNED TO GENERATE MARKETING MATERIALS BASED ON THE CUSTOMER MATERIALS PROVIDED.

WE DO NOT GUARANTEE THAT THE SITES WILL MEET YOUR REQUIREMENTS, OR THAT THEY ARE ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT GUARANTEE THAT THE SERVICES THAT MAY BE OBTAINED FROM THE USE OF THE SITES, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, AND ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU WILL BE ABLE TO ACCESS OR USE THE SITES (EITHER DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT ALL TIMES OR LOCATIONS OF YOUR CHOOSING.

FURTHER, FAI ENTERPRISES DOES NOT ENDORSE AND MAKES NO WARRANTY REGARDING THE ACCURACY OR RELIABILITY OF ANY OPINION, INFORMATION, ADVICE OR STATEMENT ON THE SITES. UNDER NO CIRCUMSTANCES WILL FAI ENTERPRISES BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY YOUR RELIANCE ON INFORMATION OBTAINED THROUGH THE CONTENT ON THE SITES. IT IS YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS OR USEFULNESS OF ANY INFORMATION, OPINION, ADVICE OR OTHER CONTENT AVAILABLE THROUGH THE SITES. PLEASE SEEK THE ADVICE OF PROFESSIONALS, AS APPROPRIATE, REGARDING THE EVALUATION OF ANY SPECIFIC INFORMATION, DATA OR OTHER CONTENT ON THE SITES.

SOME JURISDICTIONS DO NOT PERMIT THE EXCLUSION OF CERTAIN WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

LIMITATION OF LIABILITY

TO THE FULLEST EXTENT PERMITTED UNDER LAW, FAI ENTERPRISES WILL HAVE NO OBLIGATION OR LIABILITY (WHETHER ARISING IN CONTRACT, WARRANTY, TORT, INCLUDING NEGLIGENCE, PRODUCT LIABILITY, OR OTHERWISE) FOR ANY DAMAGES OR LIABILITIES, INCLUDING DIRECT, INCIDENTAL, INDIRECT, SPECIAL, OR CONSEQUENTIAL (INCLUDING ANY LOSS OF DATA, REVENUE OR PROFIT OR DAMAGES ARISING FROM PERSONAL INJURY/WRONGFUL DEATH) ARISING WITH RESPECT TO YOUR USE OF THE SITES, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS LIMITATION APPLIES TO DAMAGES ARISING FROM (i) USE OF OR INABILITY TO USE THE SITES, (ii) COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES, (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS BY THIRD PARTIES, (iv) THIRD PARTY CONTENT MADE AVAILABLE TO YOU THROUGH THE SITES, OR (v) ANY OTHER MATTER RELATING TO THE SITES.

In addition, when using the Sites, information will be transmitted over a medium which is beyond the control and jurisdiction of FAI Enterprises, its partners, advertisers, and sponsors or any other third party mentioned on the Sites. Accordingly, FAI Enterprises assumes no liability for or relating to the delay, failure, interruption, or corruption of any data or other information transmitted in connection with use of the Sites.

To the extent any liability of FAI Enterprises cannot be disclaimed, excluded or limited as aforesaid under applicable law, such liability shall be disclaimed, excluded and limited to the fullest extent permitted under applicable law.

INDEMNIFICATION

You agree to defend (at FAI Enterprises' option), indemnify, and hold FAI Enterprises harmless from and against any and all liabilities, claims, damages, costs, and expenses, including attorneys' fees and costs, arising from or related to your misuse of the Sites or any breach by you of these Terms, including without limitation (a) your violation of any laws, regulations, or rights relating to Customer Data (including, without limitation, privacy laws, regulations, or rights and intellectual property law with respect to the Customer Data), (b) any action taken (or not taken) by you based upon use of a Sites (including Docufi), or (c) any dispute between you and any other user of the Sites. We reserve the right, at our expense, to assume exclusive defense and control of any matter otherwise subject to indemnification by you and, in any case, you agree to cooperate with us if and as requested by us in the defense and settlement of such matter.

AGREEMENT TO ARBITRATE

YOU AGREE THAT ANY DISPUTE WILL BE DECIDED BY BINDING ARBITRATION ON AN INDIVIDUAL BASIS. ARBITRATION ON AN INDIVIDUAL BASIS MEANS THAT YOU WILL NOT HAVE, AND YOU WAIVE, THE RIGHT TO HAVE A JUDGE OR JURY TO DECIDE YOUR CLAIMS, AND THAT YOU MAY NOT PROCEED IN A CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE CAPACITY. Other rights that you and we would otherwise have in court will not be available or will be more limited in arbitration, including discovery and appeal rights.

All such Disputes shall be exclusively submitted to Judicial Arbitration and Mediation Services (JAMS) (www.jamsadr.com) for binding arbitration under its rules then in effect (as modified by this agreement to arbitrate), before one arbitrator to be mutually agreed upon by both parties. The arbitration shall be conducted in accordance with the JAMS Consumer Arbitration Minimum Standards (https://www.jamsadr.com/consumer-minimum-standards/) if it is determined by JAMS or the arbitrator that these standards are applicable to the Dispute. The location of any hearings will be determined by the applicable JAMS rules, provided that if the claim is for $10,000 or less, you may choose to have the arbitration conducted (1) solely on the basis of the documents submitted to the arbitrator or (2) through a non-appearance based hearing by teleconference or videoconference.

The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve any Dispute arising under or relating to the interpretation, applicability, enforceability, or formation of these Terms, including any claim that all or any part of these Terms are void or voidable. For the avoidance of doubt, you and FAI Enterprises agree that the arbitrator shall have the exclusive power to rule on his or her own jurisdiction, including any objections with respect to the existence, scope, or validity of this agreement to arbitrate or the arbitrability of any claim or counterclaim. The arbitrator may award (on an individual basis) any relief that would be available in a court. The award rendered by the arbitrator may be confirmed and enforced in any court having jurisdiction thereof.

Notwithstanding the foregoing, in lieu of arbitration either you or FAI Enterprises may (1) bring an individual claim in small claims court in the United States consistent with any applicable jurisdictional and monetary limits that may apply and (2) file an individual claim in court to enjoin the infringement or other misuse of its intellectual property rights, provided that any such claim is brought and maintained on an individual basis.

CHOICE OF LAW AND CHOICE OF FORUM

These Terms have been made in and shall be construed in accordance with the laws of the United states (including federal arbitration law) and the state of Delaware, without giving effect to any conflict of laws principles. Except for disputes or claims properly lodged in a small claims court in the United States, any disputes or claims not subject to the arbitration provision discussed above shall be resolved by a court located in the state of Delaware and you agree and submit to the exercise of personal jurisdiction of such courts for the purpose of litigating any such claim or action. You further agree that any such claims will be brought and maintained solely on an individual basis and not as part of any class, consolidated, collective or representative capacity, and that you waive your right to a jury trial with respect to any such action.

You and FAI Enterprises acknowledge that these Terms evidence a transaction involving interstate commerce. Any arbitration conducted pursuant to these Terms shall be governed by the Federal Arbitration Act (9 U.S.C. §§ 1-16).

CLAIMS OF COPYRIGHT INFRINGEMENT

We comply with the Digital Millennium Copyright Act ("DMCA"). If you have a concern regarding the use of copyrighted material on our Sites, please contact our agent designated for responding to reports of copyright infringement ("Designated Agent"). In the subject line of your message, please include "Re: Claim of Copyright Infringement." The contact information for our Designated Agent is as follows: hello@docufi.ai (email).

To be effective, the notification must be a written communication that includes the following:

  1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
  3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
  4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and, if available, an email address at which the complaining party may be contacted;
  5. A statement that the complaining party has 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; and;
  6. A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

When we receive a report of copyright infringement, we may give notice to the relevant user by means of a general notice on the Sites, email to the user's address in our records, or written communication sent by first-class mail to the user's physical address in our records. If you receive such a notice, you may provide counter-notification in writing to the Designated Agent that includes the information below. To be effective, the counter-notification must be a written communication that includes the following:

  1. Your physical or electronic signature;
  2. Identification of the material that has been removed or to which access has been disabled, and the location at which the material appeared before it was removed or access to it was disabled;
  3. A statement from you, under penalty of perjury, that you have a good-faith belief that the material was removed or disabled as a result of a mistake or misidentification of the material to be removed or disabled; and
  4. Your name, physical address, telephone number, and a statement that you consent to the jurisdiction of a federal district court for the judicial district in which your physical address is located, or if your physical address is outside of the United States, for any judicial district in which we may be found, and that you will accept service of process from the person who provided notification of allegedly infringing material or an agent of such person.

In an effort to protect the rights of copyright owners, we maintain a policy for the termination, in appropriate circumstances, and where technically feasible, of account holders who are repeat infringers.

DATA PROCESSING

"Personal Data" shall mean any data which is defined as "personal data," "personal information," or "sensitive data" in the General Data Protection Regulation (Regulation (EU) 2016/679) ("GDPR") or the California Consumer Privacy Act of 2018, as amended ("CCPA"). If the Personal Data that FAI Enterprises processes relates to individuals who are data subjects entitled to the rights granted under GDPR, you agree that FAI Enterprises does so as a data processor as defined in GDPR. If the Personal Data that FAI Enterprises processes relates to individuals who are California residents, and you are subject to CCPA, you agree that FAI Enterprises does so as a service provider as defined in CCPA.

MODIFICATION AND TERMINATION

We reserve the right to modify these Terms at any time. When we do so, we will update the "Effective Date" above. By continuing to use the Sites, or any portion thereof, after we post any such changes, you accept these Terms, as modified.

We shall have the right to immediately terminate these Terms with respect to any user which we, in our sole discretion, consider to be unacceptable, or in the event of any breach by you of these Terms. More generally, we may change, restrict access to, suspend or discontinue the Sites, or any portion of the Sites, at any time and at our sole discretion.

MISCELLANEOUS

  1. Assignment. These Terms will bind and inure to the benefit of each party's permitted successors and assigns. You may not assign this Agreement or any of its right or obligations hereunder except upon the advance written consent of FAI Enterprises. FAI Enterprises may assign, transfer, or sublicense any or all of its rights or obligations under this Agreement without restriction. Any attempt by you to transfer or assign this Agreement except as expressly authorized under this paragraph will be null and void.
  2. Force Majeure. Neither party shall be liable to the other for any delay or failure to perform any obligation under these Terms (except for a failure to pay fees) if the delay or failure is due to unforeseen events which occur during the Subscription Period and which are beyond the reasonable control of such party, including but not limited to an epidemic, pandemic, government act, strike, blockade, war, act of terrorism, riot, natural disaster, or failure or diminishment of power or telecommunications or data networks or services.
  3. No waiver. Our failure to act with respect to a breach by you or others does not waive our right to act with respect to a subsequent or similar breach or breaches. If FAI Enterprises does not exercise or enforce any legal right or remedy which is contained in these Terms (or which FAI Enterprises has the benefit of under any applicable law or regulation), such action or inaction shall not be taken to be a formal waiver of FAI Enterprises' rights, and all such rights or remedies shall still be available to FAI Enterprises.
  4. Subcontractors. FAI Enterprises may use the services of subcontractors for performance of services under these Terms, provided that FAI Enterprises remains responsible for such subcontractors' compliance with these Terms.
  5. Independent Contractors. The parties to these Terms are independent contractors. There is no relationship of partnership, joint venture, employment, franchise or agency created hereby between the parties. Neither party will have the power to bind the other or incur obligations on the other party's behalf without the other party's prior written consent.
  6. Severability. If any provision of these Terms shall be adjudged by any court of competent jurisdiction to be unenforceable or invalid, that provision shall be limited to the minimum extent necessary so that these Terms shall otherwise remain in effect.
  7. Notice. Any notice or communication required or permitted under these Terms to you shall be in writing or via email at the addresses or email address you submitted to us or at such other address as may be given in writing by you to us in accordance with this section and shall be deemed to have been received by the addressee. Any legal notices to FAI Enterprises must be delivered to the following email address: hello@docufi.ai.
  8. No Third Party Rights. There are no third party beneficiaries to these Terms.
  9. U.S.** Government Rights.** Any end user technical documentation provided by FAI Enterprises (the "Documentation") and the software components that constitute the services provided by FAI Enterprises is a "commercial item" as that term is defined at 48 C.F.R. § 2.101, consisting of "commercial computer software" and "commercial computer software documentation" as such terms are used in 48 C.F.R. § 12.212. Accordingly, if you are an agency of the US Government or any contractor therefor, you only receive those rights with respect to the services provided by FAI Enterprises and Documentation as are granted to all other end users, in accordance with (a) 48 C.F.R. § 227.7201 through 48 C.F.R. § 227.7204, with respect to the Department of Defense and their contractors, or (b) 48 C.F.R. § 12.212, with respect to all other U.S. Government users and their contractors.
  10. Export Compliance. You shall comply with all applicable export and re-export control and trade and economic sanctions laws, including the Export Administration Regulations maintained by the U.S. Department of Commerce, trade and economic sanctions maintained by the U.S. Treasury Department's Office of Foreign Assets Control (OFAC), and the International Traffic in Arms Regulations maintained by the U.S. State Department. You are not (a) a person on the List of Specially Designated Nationals and Blocked Persons or any other list of sanctioned persons administered by OFAC or any other governmental entity, or (b) a national or resident of, or a segment of the government of, any country or territory for which the United States has embargoed goods or imposed trade sanctions.
  11. Entire Agreement. These Terms and any Additional Rules set forth the entire understanding and agreement between us with respect to your use of the Sites.
  12. Notice to California Residents. You may reach FAI Enterprises at the contact information provided below in the "CONTACT US" section. California residents may also reach the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by mail at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.

CONTACT US

If you have any questions, comments or concerns about these Terms, please contact us at:

© FAI Enterprises 2023