Updated: January 2025
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE USING FAMIGO. BY ACCESSING OR USING THE PLATFORM, YOU AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE, DO NOT USE THE PLATFORM.
Welcome to FAMIGO (the "Platform"), operated by BRAVO, Inc. ("The Company"). The terms "FAMIGO," "BRAVO," "The Company," "We," or "Us" are used interchangeably throughout this agreement.
The terms and conditions outlined below (collectively, the "Agreement") establish a legally binding agreement between you ("The User") and BRAVO, Inc., a Delaware Corporation (together with its successors and assigns, "The Company"). By downloading, installing, accessing, or using any services, applications, or functionalities provided by The Company (collectively, the "Service"), you expressly acknowledge and agree to be bound by this Agreement.
If you do not agree to these terms, you may not use the Platform or Services.
For purposes of this Agreement, the following terms are defined as:
The Company reserves the right to modify this Agreement, including its policies, at any time. Changes become effective upon posting the updated Agreement on the Platform. You are responsible for reviewing this Agreement periodically. Continued use of the Platform or Services following such modifications constitutes your acceptance of the revised terms.
Your access and use of the Platform and Services are at your own risk. The Services are provided on an "AS IS" and "AS AVAILABLE" basis. To the fullest extent permitted by law, The Company disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, and non-infringement.
The Company is not responsible or liable for any services provided by third-party service providers or any interactions, communications, or transactions you have with other users of the Platform.
By using the Application or Service, you expressly represent and warrant that you have the right, authority and capacity to enter into this Agreement, and agree to abide by the terms and conditions of this Agreement. If you reside in a jurisdiction that restricts the use of the Service because of age, or restricts the ability to enter into agreements such as this one due to age, you must abide by such age limits and you must not use the Application and Service. Without limiting the foregoing, the Service and Application is not available to children (persons under the age of 18). By using the Application or Service, you represent and warrant that you are at least 18 years old. Your use of the Service and/or Application is solely for your personal use. You may not authorize others to use your user credentials, and you may not assign or otherwise transfer your user account to any other person or entity. When using the Application or Service you agree to comply with all applicable laws.
You may only access the Service using authorized means. It is your responsibility to ensure you download the correct version of the Application for your device. The Company is not liable if you do not have a compatible handset or if you have downloaded the wrong version of the Application for your handset. The Company reserves the right to terminate this Agreement should you be using the Service or Application with an incompatible or unauthorized device.
FAMIGO is a platform to express the user's crafts, skills and creations. It is a free to use mobile commerce all in one marketplace to engage fans/followers and where the fans/followers can find and engage with their favorite person. The users understand that it is the full responsibility of the seller to create the fan store, engage their fans (followers, customers, etc.), execute shoutouts, experiences, answer messages, post fan club content and fulfill followers' expectations. This is not FAMIGO's responsibility. FAMIGO only provides the Service and technology to engage users and handles the marketplace and payments, payment compliance, issues, fraud, chargebacks and resolution of payments disputes.
By using the Application or the Service, you agree that:
When you ("The User") register to use our Services by establishing an account, we will collect "Personal Data" as necessary to offer and fulfill the Services requested. The user also agrees to provide the necessary personal data to be able to use FAMIGO and/or to identify payor(s) and payee(s) as needed / requested by the company in compliance with our rules and regulations and the law. "Personal Data" can include name, postal address (including billing, residential, work and/or shipping addresses), telephone number, email address, payment card number, pictures of bills, ID and cards, other financial account information, account number, date of birth, utility bills, bank statement, card statement and government-issued credentials (e.g., driver's license number, national ID, passport, Social Security number and Taxpayer ID). The user understands potential risks of sharing and agrees to share. Sharing is not obligatory and only voluntary. In case of further information needed to approve an account or transaction, the user understands that information might be needed and that otherwise, the account or transactions will be cancelled. By not sharing. The user authorized The Company to cancel a transaction(s) and the account. Personal Data does not include information that does not identify a specific User.
In connection with your use of the FAMIGO, you must comply with the FAMIGO's acceptable use policy. You agree that you will not:
The Company gives you a personal, worldwide, royalty-free, non-assignable and non-exclusive license to use the Application and software provided to you as part of the Services. This license has the sole purpose of enabling you to use and enjoy the benefit of the Services as provided by the Company, in the manner permitted by these Terms.
Subject to your compliance with this Agreement, Company grants you a limited non-exclusive, non-transferable license to (i) download and install the Application on mobile device(s) or computer(s) that you own or control and to run such copy of the Application and (ii) access the Service, in each case, solely for your own personal use.
In connection with the foregoing grants, you agree that you shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Application in any way; (ii) modify or make derivative works based upon the Service or the Application; (iii) create Internet "links" to the Service or "frame" or "mirror" the Application on any other server or wireless or Internet-based device; (iv) reverse engineer or access the Application for any unauthorized purpose, including in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service or Application, (c) copy any ideas, features, functions or graphics of the Service or Application, or (v) launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burden or hinder the operation and/or performance of the Service or Application.
The Company will have the right to investigate and prosecute violations of any of the above to the fullest extent of the law. The Company may involve and cooperate with law enforcement authorities in prosecuting users who violate this Agreement. You acknowledge that Company has no obligation to monitor your access to or use of the Service, Application or Collective Content or to review or edit any Collective Content, but has the right to do so for the purpose of operating the Service and Application, to ensure your compliance with this Agreement, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. Company reserves the right, at any time and without prior notice, to remove or disable access to the Service, the Application or any Collective Content that Company, at its sole discretion, considers to be in violation of this Agreement or otherwise harmful to the Service or Application.
Furthermore, with respect to any Application accessed through or downloaded from the Apple App Store ("App Store Sourced Application"), you will use the App Store Sourced Application only: (i) on an Apple-branded product that runs iOS (Apple's proprietary operating system software); and (ii) as permitted by the "Usage Rules" set forth in the Apple App Store Terms of Service. The Company reserves all rights in and to the Application not expressly granted to you under this Agreement.
Any payment for these digital items or Subscriptions is a transaction between the users (Supporters/Fans and Sellers/Creator). Users acknowledge the transaction is between the users, fans, and the creators, and not with or by FAMIGO and/or BRAVO, Inc (the Company).
All fan payments are processed through a third-party payment provider authorized by the platform. A fee of 10% of the total payment will be deducted as the platform's commission, along with any additional processing fees charged by the third-party payment provider or payout service. These processing fees, which vary by country, will be paid by the creator. Creators will receive their earnings only after the funds are reflected in their account, and the account balance meets the minimum payout threshold. All transactions, including fan payments and creator earnings, are conducted in USD.
Creators are also responsible for any additional charges imposed by their bank, currency conversion fees, or e-wallet provider costs, including exchange rate differences. These charges are outside the platform's control, and neither the platform nor its subsidiaries are liable for covering them.
In the event a fan successfully obtains a refund or chargeback through their payment provider, the creator will be financially liable for the refund, fine, or chargeback, and any expense incurred in the enforcement of the service. An amount equal to the chargeback will be deducted from the creator's earnings.
Creator payouts are facilitated through a third-party payment provider. The platform does not store payment information provided during the setup of payout preferences, except for direct bank transfer options. The platform is not liable for any payout issues arising from third-party payment providers.
The Company reserves the right and may change the fees for our Service or Application, as we deem necessary for our business. In the event of a change, any change will be informed in advance to our users. It is your obligation to check back at our website periodically to confirm the applicable fees for the Service or Application.
For payouts, the Creator and/or Seller agree that to receive payouts, the user must provide accurate and complete information about you and your business, and you consent and authorize FAMIGO to share it along with transaction information related to your payout with the processor and payout provider. Failure to provide this information, or use of inaccurate information could impact your payouts.
Use of Apple Pay on the Web is subject to the Apple Pay terms of service.
All Transactions are to be paid in U.S. dollars or the currency from where the transaction originated.
Users acknowledge that once content is consumed (as confirmed by the platform's database), they are not eligible for a refund for that specific piece of content. This policy applies to any pay-per-view content, digital items, or other content that is consumed after payment. However, users retain the right to cancel a Subscription at any time, which will prevent any future automatic renewal charges but will not result in a refund for the consumed content.
If you'd like to cancel your subscription and not be billed again, or for ANY billing questions including refunds on a case-by-case basis, please contact our billing partner at (888) 596-9279, or email at Consumer Support.
Once payment is processed, FAMIGO will transfer the funds to the user's bank account. FAMIGO is not liable for failed or delayed deposits due to user errors, such as missing or incorrect bank details, insufficient funds, or invalid addresses, as well as issues arising from technology failures, payment processor errors, third-party payout delays, banking system problems, or signal and latency disruptions. FAMIGO ensures timely access to funds based on industry standards, but occasional delays may occur due to suspicious activity or additional verification requirements. Payments may also be blocked or held for policy violations, compliance reasons, or breaches of credit card association regulations. Users may be required to verify their identity through government-issued identification or utility bills. Failure to provide such documentation may result in the cancellation of transactions, payments, or account termination.
Payments may be delayed if there is a pending dispute or fraud concerns, in which case funds may be held until the issue is resolved. Payments are drawn directly from the payer's credit or debit card and transferred to the payee's bank account. Sellers (creators, musicians, artists, gamers, influencers, entertainers, athletes, or service professionals) must set up their account for funds transfer either during registration or later. Users understand and agree that funds will not be transferred without adding a destination bank account, which is their sole responsibility. Bank information can be updated at any time within the app under "Update Personal Information."
For payment issues, users must contact the customer service team by emailing support@famigo.com with the subject line: "Payment Issue."
Sellers and Creators are solely responsible for managing their own tax affairs. Famigo and its subsidiaries are not responsible for providing tax advice, managing tax matters, or ensuring compliance with tax obligations. This includes any general tax information provided by the Company, as well as any failure by Sellers or Creators to report or pay taxes accurately. Famigo disclaims all liability for any tax-related issues arising from the actions or inactions of Sellers or Creators, including penalties, interest, or investigations stemming from non-compliance.
By using Famigo as a Seller or Creator, you warrant that you have reported, and will continue to report, all payments received through Famigo to the appropriate tax authority in your jurisdiction, as required by law. You further agree to indemnify and hold Famigo harmless from any claims, penalties, or liabilities arising from your failure to comply with applicable tax laws.
If you become tax non-compliant while using Famigo, or if you are involved in litigation, inquiries, or investigations related to tax non-compliance connected to your use of Famigo, we reserve the right to close your account, restrict payouts, or limit earnings. Famigo may, at its sole discretion, take any action necessary to mitigate potential risks to its business, including freezing or terminating your account.
Furthermore, by using Famigo, you grant Famigo explicit permission to disclose your account information, earnings data, or any related records to tax authorities or other governmental entities if requested, as required by law or pursuant to legal processes. Famigo reserves the right to comply with such requests without prior notification to you.
It is your sole responsibility to ensure that you file the necessary tax returns and pay any taxes due on your earnings from Famigo. Failure to meet these obligations may result in suspension, closure of your Famigo account, or other remedial actions as deemed necessary by Famigo to protect its operations and compliance.
The FAMIGO referral program is currently in beta and participation is by invitation only. Contact us at Support for details.
You may not use FAMIGO in connection with any product, service, transaction or activity that:
You may not use FAMIGO in connection with any product, service, transaction or activity that involves:
Violating any of the restrictions outlined above may result in permanent suspension from the platform. We are committed to maintaining a safe and respectful environment for all users, and adherence to these guidelines is essential for fostering a positive community. Please familiarize yourself with the following prohibited content to ensure compliance. Contact support@trybravo.com to report any concerns.
If, in our sole discretion, we believe that you may have engaged in any violation of this user policy, we may (with or without notice to you) take such actions, as we deem appropriate to mitigate risk to FAMIGO and any impacted third parties and to ensure compliance with this agreement. Such actions may include, without limitation:
As between the User and the Company, the Company (and/or its licensors, where applicable) shall own all right, title and interest, including all related intellectual property rights, in and to the Application and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by any User or any other party relating to the Application or the Service. The rights granted under this Agreement are not a sale and Company does not convey to User any rights of ownership in, or related to, the Application or the Service, or any intellectual property rights owned by the Company. The Company name and logo, and the product names associated with the Application and Service, are trademarks of the Company or third parties, and no right or license is granted to use them.
You are responsible for your use of FAMIGO and for any content you provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that you are comfortable sharing with others.
You retain your rights to any content you submit, post or display on or through FAMIGO. What's yours is yours --- you own your content (and your incorporated audio, photos and videos are considered part of the content).
By submitting, posting or displaying content on or through FAMIGO, you grant us a worldwide, non-exclusive, royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such content in any and all media or distribution methods now known or later developed (for clarity, these rights include, for example, curating, transforming, and translating). This license authorizes us to make your content available to the rest of the world and to let others do the same. You agree that this license includes the right for FAMIGO to provide, promote, and improve the services and to make content submitted to or through the FAMIGO app or web page or by email to FAMIGO available to other companies, organizations or individuals for the syndication, broadcast, distribution, promotion, re-post or publication of such content on other media and services, subject to our terms and conditions for such content use. Such additional uses by FAMIGO, or other companies, organizations or individuals, is made with no compensation paid to you with respect to the content that you submit, post, transmit or otherwise make available through the services as the use of the services by you is hereby agreed as being sufficient compensation for the content and grant of rights herein.
As for selling content, this is sold directly by creators and not FAMIGO. All responsibilities to deliver that content relies on the creator / seller and not FAMIGO. The quality of the content (image, pixels, type of content) relies on the creator / seller and is 100% provided by the seller and not FAMIGO. This is not FAMIGO's responsibility. Selling content provides access to enjoy and consume the content but does not transfer ownership. The content is owned by the creators / seller unless otherwise specified. Hence, by paying a subscription or access to single content, you agree and understand this is not a purchase of content but rather the right to access and consume it which at times, might have a limited life of consumption as it might be removed by the seller for reasons beyond FAMIGO's control.
If a Creator or Seller on Famigo abruptly shuts down their subscription service without prior notice, they remain solely responsible for fulfilling any outstanding obligations to their subscribers, including issuing refunds. Famigo reserves the right, but is not obligated, to freeze any remaining funds in the Creator's or Seller's account and facilitate refunds to affected subscribers using those funds. However, Famigo does not assume liability for any refunds beyond the available balance in the Creator's or Seller's account. In cases where sufficient funds are not available, subscribers must seek recourse directly from the Creator or Seller. Famigo may also suspend or terminate the Creator's or Seller's access to the platform for failure to meet their obligations or engaging in fraudulent or deceptive practices.
FAMIGO has an evolving set of rules for how ecosystem partners can interact with your content on the services. These rules exist to enable an open ecosystem with your rights in mind. You understand that we may modify or adapt your content as it is distributed, syndicated, published, or broadcast by us and our partners and/or make changes to your content or even delete it in order to adapt the content to different media.
You represent and warrant that you have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant the rights granted herein for any content that you submit, post or display on or through FAMIGO. You agree that such content will not contain material subject to copyright or other proprietary rights, unless you have necessary permission or are otherwise legally entitled to post the material and to grant FAMIGO the license described above.
Any use or reliance on any content or materials posted via FAMIGO or obtained by you through the FAMIGO is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any content or communications posted via the FAMIGO services or endorse any opinions expressed via our platform. You understand that by using FAMIGO, you may be exposed to content that might be offensive, explicit, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabeled or are otherwise deceptive. All content is the sole responsibility of the person who originated such content. We may not monitor or control the content posted via FAMIGO and, we cannot take responsibility for such content or content taken from FAMIGO and posted on other platforms (social media, internet, etc.); Section 230 CDA (https://www.eff.org/issues/cda230).
FAMIGO responds to copyright complaints submitted under the Digital Millennium Copyright Act ("DMCA"). Section 512 of the DMCA outlines the statutory requirements necessary for formally reporting copyright infringement, as well as providing instructions on how an affected party can appeal a removal by submitting a compliant counter-notice. FAMIGO will respond to reports of alleged copyright infringement, such as allegations concerning the unauthorized use of a copyrighted image as a profile or header photo, allegations concerning the unauthorized use of a copyrighted video or image uploaded through our platform, or messages containing links to allegedly infringing materials. Note that not all unauthorized uses of copyrighted materials are infringements, please consult with your legal advisor prior to contacting us. If you are concerned about a parody, newsfeed, commentary, fan account or the use of your brand or entity's name, please contact support. Once reported by the affected party, any material that constitutes a copyright infringement will be removed until proof of ownership. FAMIGO does not post on behalf of users and it's not responsible for the content published by its users. All users agree and accept full responsibility and attest to right and ownership of the content they publish. If you are unsure whether you hold rights to a particular work, please consult an attorney or another adviser as FAMIGO cannot provide legal advice. If you have considered fair use, and you still wish to continue with a copyright complaint, you may want to first reach out to the user in question to see if you can resolve the matter directly with the user. You can reply to the user's message or send the user a Direct Message (if active) and ask for them to remove your copyrighted content without having to contact FAMIGO. Prior to submitting a formal complaint with FAMIGO, please be aware that under 17 U.S.C. § 512(f), you may be liable for any damages, including costs and attorneys' fees incurred by us or our users, if you knowingly materially misrepresent that material or activity is infringing. If you are unsure whether the material you are reporting is in fact infringing, you may wish to contact an attorney before filing a notification with us.
We reserve the right to remove content that violates the user agreement, including for example, but not limited to, hate, copyright or trademark violations, or other intellectual property misappropriation, impersonation, unlawful conduct, or harassment. If you know and/or believe that your content has been copied in a way that constitutes copyright infringement, please consult with your legal advisor and follow steps discussed above and report immediately to: support@trybravo.com subject line: Urgent - Copyright Complaint.
As a user of FAMIGO, you acknowledge and agree to comply with all applicable provisions of the Millennium Users Act (MUA) or equivalent legislation in your jurisdiction. This Act is designed to promote fairness, accessibility, and accountability in digital platforms while protecting user rights and ensuring the ethical use of technology. Violations of this Act, whether intentional or unintentional, will be treated as a serious breach of our terms and may result in immediate account suspension or termination. Key obligations under the Millennium Users Act include, but are not limited to:
We are committed to fostering a safe, inclusive, and compliant digital environment. To report suspected violations of the Millennium Users Act or to seek guidance regarding your obligations under this policy, please contact us at support@famigo.com.
When using the Application or Service, you may engage with third-party service providers, advertisers, or sponsors showcasing their goods and services through the platform. These interactions may include, but are not limited to, correspondence, purchases, promotions, or participation in offers. Any activity arising from such interactions, as well as any terms, conditions, warranties, or representations associated with them, is solely between you and the respective third party. FAMIGO, including its affiliates and licensors, disclaims all liability, obligation, or responsibility for any correspondence, transaction, promotion, or agreement between you and such third parties.
FAMIGO does not endorse, control, or assume responsibility for the content, products, services, or materials available on third-party websites or platforms linked through the Application or Service. Any access to or interaction with such third-party sites or services is undertaken at your own discretion and risk. The terms and conditions of this Agreement govern your use of the Application and Service. Any additional or conflicting terms required by third-party providers are strictly between you and the third party, and FAMIGO expressly disclaims any liability or obligation arising from those agreements.
You acknowledge that any data you share with third-party providers, whether directly or through the Application or Service, is at your sole discretion. FAMIGO does not guarantee the security, confidentiality, or proper handling of your data by such third parties. Any data breach, misuse, unauthorized access, or other security issue arising from interactions with third-party providers is solely between you and the third party. FAMIGO bears no responsibility or liability for such incidents, and you agree to hold FAMIGO, its affiliates, officers, directors, employees, and licensors harmless from any claims, damages, or losses arising out of such events.
To support the operation and availability of the Application or Service, FAMIGO may display third-party advertisements, promotions, or marketing content. By agreeing to these terms, you consent to receiving such advertising and promotional materials. If you wish to opt out of receiving such materials, you must notify us in writing at support@famigo.com. However, opting out may impact your user experience or access to certain features of the Application or Service.
You are solely responsible for exercising reasonable caution and judgment in all interactions with third parties through the Service. This includes verifying the legitimacy of third-party providers, their offers, and their terms prior to entering into any agreements or transactions. FAMIGO disclaims all liability for any outcomes or damages arising from your interactions with third parties.
In the event of a suspected error in billing, you are responsible for contacting our billing partner at (888) 596-9279, or email at Consumer Support.
By posting User Content through the Service, you agree to allow anyone with access to the Service to access the User Content you post.
The following are strictly forbidden on the Service:
The Company is not responsible for the content or the accuracy of any posted user content. The users shall remain solely responsible for the content they post. User content does not represent the views or opinions of company and company neither guarantees that any content is correct or accurate nor endorses any user content. The Company is not in a position to determine whether any content violates these terms of use at the time it is posted. However, if we have reason to believe that any content is false, defamatory, unlawful, inconsistent with this Agreement, or improper for any other reason, we reserve the right to remove that content from the Service.
You may report any suspected violations of these terms including, copyright infringement, abusive language or inappropriate discussion. To report such violations to Company, you will need to submit a notice to Company at the following email address: support@famigo.com.
Creators and Sellers on Famigo acknowledge that they do not own or have any proprietary rights over their followers, fans, or subscribers on the platform. In compliance with global privacy regulations, including but not limited to the General Data Protection Regulation (GDPR) (Europe), the California Consumer Privacy Act (CCPA) and California Privacy Rights Act (CPRA) (USA), the Personal Information Protection and Electronic Documents Act (PIPEDA) (Canada), the Lei Geral de Proteção de Dados (LGPD) (Brazil), and other applicable data protection laws worldwide, Famigo is prohibited from sharing personal information of followers, fans, or subscribers with Creators or Sellers without explicit user consent. This includes, but is not limited to, names, email addresses, payment details, and any other personally identifiable information. Creators and Sellers must not attempt to extract, collect, or store user data through unauthorized means, and any violation of these privacy laws may result in immediate account suspension or termination, along with potential legal consequences.
By entering into this Agreement and using the Application or Service, you agree that you shall defend, indemnify and hold the Company, its licensors and each such party's parent organizations, subsidiaries, affiliates, officers, directors, Users, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with: (a) your violation or breach of any term of this Agreement or any applicable law or regulation, whether or not referenced herein; (b) your violation of any rights of any third party, including providers of services arranged via the Service or Application, or (c) your use or misuse of the Application or Service.
The Company's practices with respect to the collection and use of data and information is governed by FAMIGO's Privacy Policy, which is incorporated by reference into this Agreement and may be found at Privacy policy.
User agrees with The Company to retain personal data to fulfill any legal and regulatory obligations and for business purposes, even after, and if the user account is closed or cancelled. The User agrees the personal data and transactional data cannot be deleted for potential legal and/or regulatory obligations. The Company may retain personal data for longer periods than required by law if it is in The Company's legitimate business interests and not prohibited by law. If the user account is closed, we may take steps to mask personal data and other information, but we reserve our ability to retain and access the data for so long as required to comply with applicable laws. We will continue to use and disclose such personal data in accordance with this Privacy Policy.
The company makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the service or application. the company does not represent or warrant that (a) the use of the service or application will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, application, system or data, (b) the service or application will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) the quality of any products, services, information, or other material purchased or obtained by you through the service will meet your requirements or expectations, (e) errors or defects in the service or application will be corrected, or (f) the service or the server(s) that make the service available are free of viruses or other harmful components. the service and application is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights, are hereby disclaimed to the maximum extent permitted by applicable law by the company. The company makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services, products or goods obtained by third parties through the use of the service or application. You acknowledge and agree that the entire risk arising out of your use of the application and service, and any third-party services or products remains solely with you, to the maximum extent permitted by law.
Use of the service and application may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The company is not responsible for any delays, latency, delivery failures, financial loss, or other damage resulting from such problems.
In no event shall the company and/or its licensors be liable to anyone for any indirect, punitive, special, exemplary, incidental, consequential (including with respect to personal injury, loss of data, revenue, profits, use or other economic advantage). Users agree to indemnify, defend, and hold harmless Famigo, its parent company, subsidiaries, affiliates, officers, employees, agents, and licensors from and against any and all claims, liabilities, damages, losses, costs, expenses, or fees (including reasonable attorney fees) arising from: A breach of this Agreement, the Terms of Service, or any applicable law by the User, Content uploaded, shared, or otherwise provided by the User, including claims of infringement, defamation, or violation of privacy rights, Any misuse of Famigo's platform by the User, including fraudulent activities or harassment of other Users, Failure to comply with tax obligations or any applicable laws in connection with payments made or received through Famigo. The foregoing limitations form an essential basis for this agreement and shall survive regardless of the failure of any remedy of its essential purpose. The aggregate liability of company and its licensors, affiliates, officers, directors and agents under, or in connection with, this agreement, however caused, and on any theory of liability, including without limitation contract, strict liability, negligence and/or other tort, shall in no event exceed the lesser of the fees payable under this agreement during the twelve-month period immediately preceding the applicable cause of action and one hundred dollars. If you are a consumer, you acknowledge that we, along with each subsidiary and our employees, owners, representatives, and agents, are not responsible for any loss of profits, business, revenue, business opportunities, business interruption, payment processor failure, payout cancellations, any payment related issues (for any reason), anticipated savings, or interruptions resulting from your use of famigo. For consumers, businesses, or creators, and any user, our total liability for any claims related to your agreement with us is capped at USD \$100 per claim. To the fullest extent permitted by law, Famigo's liability for any claim arising out of or related to this Agreement, the Terms of Service, or the use of the platform is limited to \$100 USD. Famigo shall not be liable for indirect, incidental, consequential, special, punitive, or exemplary damages, including lost profits, lost data, or reputational harm, even if advised of the possibility of such damages.
The company and/or its licensors shall not be liable for any loss, damage or injury which may be incurred by you, including by not limited to loss, damage or injury arising out of, or in any way connected with the service or application, including but not limited to the use or inability to use the service or application, any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any third party service provider, advertiser or sponsor whose advertising appears on the website or is referred by the service or application, even if the company and/or its licensors have been previously advised of the possibility of such damages.
The quality of the services provided through the use of the service or application is entirely the responsibility of the third-party provider who ultimately provides such services to you. You understand, therefore, that by using the application and the service, you may be exposed to activities that are potentially dangerous, offensive, harmful to minors, unsafe or otherwise objectionable, and that you use the application and the service at your own risk.
The Company may give notice by means of a general notice on the Service, electronic mail to your email address on record in the Company's account information, or by written communication sent by first class mail or pre-paid post to your address on record in the Company's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after sending (if sent by email). You may give notice to the Company (such notice shall be deemed given when received by the Company) at any time either by (confirmed e-mail to the Company at the following email address: support@famigo.com.
This Agreement may not be assigned by you without the prior written approval of the Company but may be assigned without your consent by the Company to (i) a parent or subsidiary, (ii) an acquirer of all or substantially all of the assets of the business to which this Agreement relates, or (iii) a successor by merger or other change of control transaction. Any purported assignment in violation of this section shall be void.
You agree to comply fully with all U.S. and foreign export laws and regulations to ensure that neither the Application nor any technical data related thereto nor any direct product thereof is exported or re-exported directly or indirectly in violation of, or used for any purposes prohibited by, such laws and regulations. By using the App Store Sourced Application, you represent and warrant that: (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
You and Company agree that any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof or the use of the Service or Application (collectively, "Disputes") will be settled by binding arbitration, except that each party retains the right to bring an individual action in small claims court and the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party's, trademarks, trade secrets, patents or other intellectual property rights. You acknowledge and agree that you and Company are each waiving the right to a trial by jury or to participate as a plaintiff or class User in any purported class action or representative proceeding. Further, unless both you and Company otherwise agree in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this "Dispute Resolution" section will be deemed void. Except as provided in the preceding sentence, this "Dispute Resolution" section will survive any termination of this Agreement.
Arbitration Rules and Governing Law: The arbitration will be administered by the American Arbitration Association ("AAA") in accordance with the Commercial Arbitration Rules and the Supplementary Procedures for Consumer Related Disputes (the "AAA Rules") then in effect, except as modified by this "Dispute Resolution" section. (The AAA Rules are available at www.adr.org/arb_med or by calling the AAA at 1-800-778-7879.) The Federal Arbitration Act will govern the interpretation and enforcement of this Section.
Arbitration Process: A party who desires to initiate arbitration must provide the other party with a written Demand for Arbitration as specified in the AAA Rules. The arbitrator will be selected by the parties from the AAA's roster of consumer dispute arbitrators. If the parties are unable to agree upon an arbitrator within seven (7) days of delivery of the Demand for Arbitration, then the AAA will appoint the arbitrator in accordance with the AAA Rules.
Arbitration Location and Procedure: Unless you and Company otherwise agree, the arbitration will be conducted in the county where you reside. The arbitrator's decision will include the essential findings and conclusions upon which the arbitrator based the award. Judgment on the arbitration award may be entered in any court having jurisdiction thereof. The arbitrator's award damages must be consistent with the terms of the "Limitation of Liability" section above as to the types and the amounts of damages for which a party may be held liable. The arbitrator may award declaratory or injunctive relief only in favor of the claimant and only to the extent necessary to provide relief warranted by the claimant's individual claim. Changes: Notwithstanding the provisions of the modification-related provisions above, if Company changes this "Dispute Resolution" section after the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement), you may reject any such change by sending us written notice (including by email to FAMIGO Support) within 30 days of the date such change became effective, as indicated in the "Last Updated Date" above or in the date of Company's email to you notifying you of such change. By rejecting any change, you are agreeing that you will arbitrate any Dispute between you and Company in accordance with the provisions of this "Dispute Resolution" section as of the date you first accepted this Agreement (or accepted any subsequent changes to this Agreement).
No joint venture, partnership, employment, or agency relationship exists between you, the Company or any third-party provider as a result of this Agreement or use of the Service or Application. If any provision of the Agreement is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law. The failure of the Company to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing. This Agreement and all other applicable terms referred to herein comprise the entire agreement between you and the Company and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.
You may end your legal agreement with FAMIGO at any time by requesting to deactivate your account(s) and discontinuing your use of the Services. However, please understand and accept that we might not be able to delete your transactions and payments record. See Privacy Policy for more information on what happens to your information and payments history.
We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any or no reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Privacy Policies, (ii) you create risk or possible legal exposure for us; (iii) your account should be removed due to unlawful conduct, (iv) your account should be removed due to violation of card association regulations, payments violations, illegal activity, incite or conduct or create hate speech or accusations, false statements, incite violence or hate, create fake news, fraud, non-delivery of store items; (v) your account should be removed due to prolonged inactivity; or (vi) our provision of the Services to you is no longer commercially viable. We will make reasonable efforts to notify you by the email address and/or telephone associated with your account or the next time you attempt to access your account, depending on the circumstances. In all such cases, the Terms shall terminate, including, without limitation, your license to use the Services. If you believe your account was terminated in error you can file an appeal by contacting support@trybravo.com subject line: Account Appeal. For the avoidance of doubt, these Terms survive the deactivation or termination of your account.