1.1 This Agreement governs the entire relationship between you, the Client and the Company, and sets out the General Terms and Conditions.
1.2. Before the Distance contract is concluded, the Company will provide the Client with the text of this Agreement electronically or in other durable format. If this is not reasonably possible, the Company will indicate, before the Distance contract is concluded, in what way this Agreement is available for the Client’s review at the Company’s premises and that they will be sent free of charge to the Client, as soon as possible, at the Client’s request.
1.3. The Client is required to carefully read this Agreement before accepting it and using the Company’s services. By using the services, the Client acknowledges that they have read, understood, and agreed to be bound by this Agreement. It’s important to note that this
1.4. Agreement contains a mandatory arbitration provision which requires the use of arbitration on an individual basis to resolve disputes, as further detailed in Section 17 below. This provision precludes the use of jury trials or any other court proceedings or class actions of any kind.
2.1 This Agreement defines the terms used throughout the Agreement, including the introductory part, and the capitalized terms will have the following meanings:
WE MAKE NO GUARANTEES THAT (I) THE SERVICE WILL MEET YOUR REQUIREMENTS, (II) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, OR (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS OR WILL PROVIDE ANY BENEFIT.
NOT ALL INFORMATION DESCRIBED IN THE APP ARE SUITABLE FOR EVERYONE. THE SERVICE IS INTENDED ONLY AS A TOOL WHICH MAY BE USEFUL IN ACHIEVING YOUR OVERALL LIFESTYLE GOALS. YOU ACKNOWLEDGE THAT IF YOUR ACTIVITIES ENCOURAGED OR INSPIRED BY THE SERVICE INVOLVE ANY RISKS, YOU ASSUME THOSE RISKS AND UNDERSTAND AND AGREE THAT YOU TAKE FULL RESPONSIBILITY FOR YOUR HEALTH, LIFE AND WELL-BEING, AS WELL AS THE HEALTH, LIVES AND WELL-BEING OF YOUR FAMILY AND CHILDREN (BORN AND UNBORN, AS APPLICABLE), AND ALL DECISIONS NOW OR IN THE FUTURE.
INFORMATION PROVIDED THROUGH OUR SERVICE IS FOR INFORMATIONAL AND ENTERTAINMENT PURPOSES ONLY. THE SERVICE IS NOT INTENDED TO BE A SUBSTITUTE FOR ANY PROFESSIONAL ADVICE, INCLUDING BUT NOT LIMITED TO (A) PROFESSIONAL MEDICAL OR PSYCHIATRIC ADVICE, DIAGNOSIS, OR TREATMENT, OR (B) PROFESSIONAL FINANCIAL OR INVESTMENT ADVICE OR GUIDANCE, OR (C) PROFESSIONAL LEGAL ADVICE. NEVER DISREGARD OR DELAY SEEKING PROFESSIONAL MEDICAL ADVICE OR OTHER PROFESSIONAL ADVICE. YOUR RELIANCE ON THE INFORMATION PROVIDED BY THE SERVICE IS SOLELY AT YOUR OWN ELECTION OR CHOICE. ANY AND ALL DECISIONS THAT YOU MAKE THAT ARE BASED IN WHOLE OR IN PART UPON INFORMATION PROVIDED BY THE SERVICE WILL BE YOUR SOLE AND EXCLUSIVE RESPONSIBILITY.
3.1 The Company will offer the Client the opportunity to receive a quote for their desired services. 2. The Client must provide accurate and complete information in the provided options or by typing the requested details.
3.2 After submitting the necessary information, the Company will provide the Client with a quote that includes the payment amount for the requested services, payment options (e.g., credit card), and any additional information deemed relevant by the Company.
3.3 The Client can accept the quote by checking the box indicating agreement to the Terms & Conditions and pressing the “Submit Secure Payment” button. This acceptance will constitute the formation of a distance contract.
4.1 The Distance Contract between the Client and the Company is formed when the Client accepts the Offer as detailed in the Submission of the Offer paragraph 4.
4.2. Upon electronic acceptance of the Offer, the Company will confirm receipt of the acceptance electronically and deliver any purchased Digital content to the Client’s provided email address or on the Mobile app.
4.3 The Client agrees to waive their right of withdrawal in the event that the Agreement consists of Digital content that is not supplied on a tangible medium.
4.4 While the Company makes reasonable efforts to ensure that the Services operate properly, the Client acknowledges that interruptions, errors, and other failures may occur due to factors outside of the Company’s control. The Client agrees that they assume all risks associated with the use or download of the Services.
4.5 The Company reserves the right to modify or discontinue any aspect of the Services without prior notice and without any liability to the Client.
4.6 Additionally, the Client agrees not to access the Services if they are under the age of 18 and to deny access to minors under the age of 18, accepting full responsibility for any unauthorized use of the Services by minors.
4.7 The Company shall not be held responsible for any damages resulting from completion or assessment of the tests and/or quizzes. The Client acknowledges that test and/or quiz results are for entertainment only and a different result can be obtained in different tests and/or quizzes.
5.1 The Offer sets the price for the Services during the indicated period of validity, with the exception of any changes in VAT-tariffs.
5.2 The Client agrees to:
5.3 After being transferred to a third-party payment service provider, the Client assumes the risk of loss or damage. The Client’s credit or debit card payments to the Company will be handled and processed by a third-party payment service provider, and none of the sensitive payment information will be stored or used by the Company. The Company shall not be liable for any payment issues or disputes that arise due to third-party payment services. The Company may change the third-party payment service provider from time to time.
5.4 All prices and fees are in US Dollars unless otherwise indicated.
5.5 The applicable price is the one set at the time the order is placed. Payment fees are recognized before purchase confirmation. If the Client is under 18 years old, they must obtain permission from their parents to make a purchase from the Company.
5.6 All transfers conducted through the Company are handled and transacted through third-party dedicated gateways to ensure the Client’s protection. Card information is not stored, and all card information is handled through SSL encryption. Please read the terms and conditions of the chosen payment gateway for the transaction, as they are responsible for the transactions made.
5.7 The Company engages third-party service providers (Omniroot LLC, a limited liability company organized under the laws of the State of Georgia, USA (control number 25113064), with its address 8735 DUNWOODY PLACE #7313, ATLANTA, GA, 30350, USA, and Novarock UAB, legal entity code 307190473, address at V. Nagevičiaus str. 3, LT-08237, Vilnius, Lithuania) who support the Company by ensuring the quality and proper delivery of the Services, administering the sale and purchase of the Company’s digital products, and managing all related payments and refunds. For any questions, inquiries, or complaints regarding payments, refunds, or the purchase of digital products, please contact Us at [email protected]
5.8 To ensure uninterrupted Services, the Services may be offered on automatic renewal. Unless canceled by the Client, the applicable service will be automatically renewed for a renewal period equal to the most recent service period, at the then-current non-promotional subscription rate, with payment taken from the payment method associated with the Service in the Client’s account. The Company reserves the right to change the subscription plans and the price of the Services from time to time. If the Client does not wish for the Service to automatically renew, the Client must cancel the subscription at least 48 hours before the end of the current period, in which case the Services will be terminated upon expiration of the then-current term, unless the Client manually renews the Services prior to that date. Clients who purchased the subscription on the Company’s website may cancel the subscription by logging into their account on the Company’s website or contacting the support team. Clients who purchased the subscription through the Apple App Store or Google Play may only cancel the subscription through their Apple or Google Account and understand that deleting the app does not cancel the subscription.
Fametonic offers digital intellectual property that is disclosed upon purchase, and generally follows a no-refund policy. However, there are certain circumstances where a refund may be granted, as outlined below.
6.1 Cancellation:
Customers are able to cancel their subscription at any time, but will continue to have access to subscription services until the billing period ends.
6.2 Money-Back Guarantee:
If a customer is dissatisfied with our plans, they may be eligible for a refund.
MONEY-BACK GUARANTEE RULES
In addition to refund rights available under applicable laws, you are eligible to receive a refund if you did not get the expected results with our Challenge and all of the following conditions are met:
you contact us within 30 days after you purchased access to the Challenge; and you have followed the Course for at least 7 consecutive days; and you can demonstrate that you have followed the Course under the requirements stated below in Section “How to demonstrate that you have followed the Course”. We will review your application and notify you (by email) whether your application is approved. If the application is approved, your refund will be processed, and a credit will be automatically applied to your credit card or original payment method.
How to demonstrate that you have followed the Course?
You can demonstrate that you have followed the Course only if you: send us screenshots of your Fametonic account proving you have completed the Course lessons on 7 consecutive days.
IMPORTANT STATEMENT
Please note that only fulfillment of the above requirements allows you to receive a refund under the Money-back Guarantee. For the sake of clarity, this Money-back Guarantee does not apply to any other instances, including, but not limited to, the following cases:
6.3 Refunds will not be issued if the customer fails to follow the Money-Back guarantee procedure, refuses to follow the instructions given by the Customer Service Team, or didn’t read the Terms and Conditions before purchasing a plan that doesn’t meet their needs. Similarly, refunds will not be given for plans purchased by mistake or based on incorrect assumptions, or if the customer simply changes their mind for non-technical reasons.
If the customer does not meet the Money-back Guarantee conditions provided above, the subscription fees paid become non-refundable and/or non-exchangeable unless otherwise stated or required by applicable law.
6.4 For EU/UK residents, the right to withdraw from the agreement for the purchase of digital content without charge and without giving any reason is permitted within fourteen (14) days of concluding the agreement. However, this right does not apply if the agreement’s performance has begun with the customer’s express prior consent and acknowledgment. Customers consent to the immediate performance of the agreement and acknowledge that they will lose the right of withdrawal from the agreement once the servers validate the purchase, and the applicable purchase is successfully delivered. Therefore, refunds will not be provided unless there’s a fault with the digital content.
7.1 The Company retains all intellectual property rights, including copyrights, design rights, trademark rights, patent rights, and other proprietary rights to the Services and Services-related content, as between the Company and the Client.
7.2 The Services, including Digital Content, may not be reproduced, disassembled, reverse-engineered, decompiled, distributed, publicly displayed, performed, published, or made available in whole or in part by the Client without prior written consent from the Company.
7.3 The Client grants the Company a non-exclusive license, including the right to sublicense and assign to third parties, to use, reproduce, distribute, perform, display, create derivative works of, adapt, modify, and exploit the User Content (excluding User Trademarks) and all modified and derivative works thereof, in any way now known or in the future discovered, on a perpetual, irrevocable, worldwide, fully paid-up, and royalty-free basis. The Client affirms, represents, and warrants that the User Content and its uploading, transmission, or submission are accurate, not confidential, not in violation of any applicable laws or contractual restrictions or other third-party rights, and free of malicious code. The Client also waives any moral rights he/she may have in any User Content, to the extent permitted by applicable laws.
7.4 This Agreement does not transfer intellectual property rights related to the Services or Services-related content, except as expressly stated in Section 8.1 below.
8.1 Ownership of all intellectual property rights related to Digital content, as outlined in Article 8.1, belongs to the Company. The Client is granted a limited, non-exclusive, non-transferable, and revocable license, subject to the terms of this Agreement, to use any Digital content provided by the Company for personal, non-commercial purposes only.
8.2 The license term will last for five years from the date the Client receives the applicable Digital content, unless terminated or suspended earlier in accordance with this Agreement.
8.3 Unless explicitly stated otherwise, the digital content provided by the Company may only be used for personal, non-commercial purposes by the Client.
8.4 The Client shall not modify, duplicate, transmit, or loan the digital content to any third party, or use it for any purpose that exceeds the scope of the license granted by the Company in Section 8. The Client must not perform any other actions on the digital content that violate the terms of this Agreement.
8.5 The Company reserves the right to limit the number of devices or types of devices on which the Digital content can be used and may impose other restrictions on the scope of the license.
8.6 If the Client violates the terms of this Section 8, the Company may suspend the Client’s access to the relevant Digital content and seek damages resulting from the infringement, including any incurred expenses, without prejudice to any other rights or remedies available under this Agreement or applicable law.
9.1 The Client is strictly prohibited from engaging in the sale, offering for sale, sharing, renting out, or lending of Digital content or any copies of Digital content.
10.1 The processing of the Client’s personal data is subject to the Privacy Policy. It is recommended that the Client print and retain a copy of the Privacy Policy along with this Agreement.
11.1 The Client shall indemnify and hold the Company, its affiliates, officers, directors, employees, agents, legal representatives, licensors, subsidiaries, joint ventures, and suppliers harmless from any claims or demands, including reasonable attorneys’ fees, made by any third party arising from or related to the Client’s breach of this Agreement, use of the Services, or violation of any laws or third-party rights in connection with the Client’s breach of this Agreement or use of the Services.
12.1 The information available on the website or mobile app may not be appropriate or satisfactory for the Client’s use, and he/she must verify all information before relying on it. Any decisions made based on information contained in the website or mobile app, including information received through the use of the Services, are solely the Client’s responsibility.
12.2 The Client acknowledges and agrees that the Company shall not be liable for any damages whatsoever arising out of or in connection with (i) the use or inability to use the Services, (ii) any link provided in connection with the Services, (iii) the materials or information contained at any or all such linked websites or mobile app, (iv) the Client’s reliance on any of the Services; (v) the interruption, suspension, or termination of the Services or any portion thereof, (vi) the timeliness, deletion, misdelivery or failure to post or store any information, or (vii) any matter otherwise related to the Client’s use of the Services, including without limitation, direct, indirect, incidental, special, consequential, exemplary damages, or those resulting from lost profits, lost data or business interruption, loss of goodwill, loss of use, or other losses, whether based on warranty, contract, tort or any other legal theory, even if the Company has been advised of the possibility of such damages. In no event shall the Company’s aggregate liability to the Client relating to his/her use of the Services exceed one hundred dollars ($100).
12.3 If a party to the Agreement is unable to fulfill their obligations due to force majeure, they shall be released from responsibility. The Company shall not be liable for losses caused by events such as riots, wars, natural disasters, or other occurrences beyond the Company’s control, including but not limited to strikes, lockouts, traffic delays, or administrative acts of domestic or foreign high authorities. The Client must provide written notification of force majeure within 30 calendar days of the occurrence. The Company will inform the Client of force majeure by email, on the Website, or Mobile app if possible.
12.4 Omniroot LLC, as the third-party provider, supports the Company by ensuring the quality and proper delivery of the Services, administering the sale and purchase of the Company’s digital products, and managing all related payments and refunds. For any questions, inquiries, or complaints regarding payments, refunds, or the purchase of digital products, please contact the Company at [email protected]
12.5 The Company provides no warranty regarding the results or outcomes of using the Services due to the nature of the Services provided, and as the Company cannot control the Client’s adherence to the provided use instructions. The Company’s liability is limited to direct losses unless otherwise provided by applicable law.
12.6 When using Services, the Client may receive links to other websites or mobile apps that are not owned or controlled by the Company. The Company is not responsible for the operation of such links and is not responsible or liable for any content, advertising, products, or other materials that may be accessed through such links. The Client agrees that the Company shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use or reliance on any such content, goods, services available on or through any such websites or mobile apps.
13.1 The Client is advised to consult with their healthcare service provider before using the Company’s Services.
13.2 The Company explicitly states that it is not a medical organization and cannot provide any medical advice, diagnosis or assistance. The Services provided by the Company should not be considered or used as a substitute for any medical advice or assistance, and the Client is solely responsible for evaluating and assessing their own health and seeking appropriate guidance from a healthcare provider.
13.3 The Company encourages the Client to seek appropriate medical advice or assistance before using its Services.
13.4 The Client should not disregard medical advice or delay visiting a medical professional due to any information obtained from the Company’s website, mobile app or other communication channels.
14.1 This Agreement becomes effective once the Client accepts and electronically expresses consent to comply with the terms and conditions, and it shall remain in effect until terminated as outlined in the following section.
14.2 The Company reserves the right to terminate the relationship with the Client in the following cases: (1) if the Client does not agree to the terms of the Agreement; (2) if the Client breaches any term of the Agreement; (3) if the Client fails to provide information requested by the Company or provides incorrect or incomplete information. However, statutory termination rights will not be affected.
15.1 The Company reserves the right to modify this Agreement, Privacy Policy, and any additional terms and conditions that may apply, and such modifications will be effective immediately upon being posted on the Company’s Website or Mobile app.
15.2 Any amended Agreement, Privacy Policy, or additional terms and conditions will be posted online, and the Client will be notified of upcoming changes through email or the Website or Mobile app.
15.3 By continuing to use and access the Services after any posted updates of the Agreement, the Client voluntarily agrees to be bound by the modified terms. If the Client does not agree to be bound by the updated Agreement, he/she should discontinue using the Services.
16.1 The Company generally prefers to communicate with the Client through email, and by accepting this Agreement, the Client agrees to receive communication from the Company via email. The Client is required to provide a valid email address as part of the information required in Section 3.2. The Company may also publish information related to the Agreement or Services on the Website or Mobile app. It is the Client’s responsibility to regularly and frequently check their email messages and the information provided on the Website or Mobile app. Emails may contain links to further information and documents.
16.2 If applicable laws require information to be provided on a durable medium, the Company will either send an email with an attachment or send a notification referring to the Services with a download function for the Client to retain such information and documents permanently for future reference. The Client must keep copies of all communications from the Company.
16.3 If the Client wishes to obtain a copy of this Agreement or any other contractual document, they may contact [email protected].
16.4 All communication with the Client will be in English, unless the Company and the Client agree to communicate in another language.
16.5 The Client may contact the Company at any time by sending a message to [email protected] .
17.1 This Agreement shall be governed by and construed in accordance with the laws of the Republic of Lithuania, without regard to its conflict of law principles, except to the extent that mandatory consumer protection laws of your country of residence provide you with more favorable rights.Your use of the Services may also be a subject to other local state, national or international laws.
17.2 Informal Dispute Resolution. Before filing a claim against the Company, the Client agrees to engage in informal dispute resolution.
Any complaints related to the Company and its Services should be directed to Fametonic by contacting[email protected] including complaints related to subscriptions, refunds, and chargebacks for Goods and Services. When submitting a complaint, the Client must clearly indicate that it is a complaint, and provide detailed information regarding the grounds and circumstances surrounding the complaint. Upon receiving a complaint, the Company will send an acknowledgement to the email address from which it was received. The Company will review and respond to the complaint within 14 calendar days. If the dispute is not resolved within 30 calendar days of the receipt of the relevant complaint, either the Client or the Company may file a formal claim.
17.3 If you are not satisfied with the outcome of the informal dispute resolution process, you may contact us at[email protected] to attempt to resolve the matter amicably. Consumers residing in the European Union may also submit complaints through the European Online Dispute Resolution (ODR) platform athttps://ec.europa.eu/consumers/odr or contact their local consumer protection authority. Consumers residing in the United States may contact their local consumer protection agency.
17.4 To the maximum extent permitted by law, each of the parties submits to the exclusive jurisdiction to the courts of Lithuania to settle any further disputes which may arise out of or in connection with this Agreement and that accordingly the relevant proceedings must be brought in such courts. To the maximum extent permitted by law, the parties irrevocably submit to the personal jurisdiction and venue of the courts of Lithuania and waive any defenses of improper venue.
17.5 To the maximum extent permitted by law, You may assert a claim or counterclaim only in Your individual capacity and not as a plaintiff or class member in any class proceeding. More than one parties‘ claims shall be combined or consolidated only with the written consent of all affected parties.
17.6 The Company expressly prohibits and rejects the use of its Services for any form of illicit activity, including money laundering, terrorist financing or trade sanctions violations, consistent with various jurisdictions’ laws, regulations and norms.
17.7. The Services are of such nature that can be globally distributed and used – this is because of the global nature of the IT sector. Thus, the use of System and Services may be included in the sanction list.
17.7.1 By using the Services, You warrant not being on any international or government prohibited, denied, or unverified-party, sanctions, debarment, or exclusion list or export-controlled related restricted party list (the “Sanctions List”).
17.7.2 If You become placed on any Sanctions List, You shall immediately discontinue Your use of the Services. Failure to do so can result in Your Account being suspended or terminated.
17.8 The Company shall have a right not to allow its Services to be accessible in certain jurisdictions / territories. The Company shall have a right to block such jurisdictions / territories making its Services not available from such locations.
17.9 Persons located in the prohibited jurisdictions, or the residents of prohibited jurisdictions are not permitted to use Services. For the avoidance of doubt, the foregoing restrictions on Services in relation to prohibited jurisdictions applies equally to residents and citizens of other nations while located in prohibited jurisdictions. Any attempt to circumvent the restrictions on usage by any persons located (or as a resident) in a prohibited jurisdiction is a breach of the Agreement.
18.1 This Agreement grants no rights to any person other than the Client.
18.2 The Client cannot transfer any rights granted by this Agreement to a third party without prior written consent from the Company. The Company may, at its sole discretion, assign its rights and obligations under this Agreement in whole or in part to any third party.
18.3 If any part of this Agreement is found to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that part shall be severed from the remainder of the Agreement, which shall remain valid and enforceable to the fullest extent permitted by law.
18.4 The use of the Services is entirely at the Client’s own risk. The Services are provided on an “as is” and “as available” basis. All Services provided by the Company are for entertainment purposes only. The Company expressly disclaims all warranties, whether express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement of intellectual property, or arising from a course of dealing, usage, or trade practice. Some states do not allow the exclusion of implied warranties, so the above exclusions may not apply to the Client. The Company makes no warranty that the Site or Service will meet the Client’s requirements or will be uninterrupted, timely, secure, accurate, complete, or error-free, or that the results obtained from using the Site or Service will be accurate or reliable. The Client understands and acknowledges that their sole and exclusive remedy with respect to any defect or dissatisfaction with the Site or Service is to stop using the Services. The Client may have other rights that vary from state to state. The Website cannot and does not contain professional or definitively accurate product/services advice and/or opinions. The Services information and/or opinions are provided for entertainment and educational purposes only and is not a substitute for professional advice. THE USE OF RELIANCE OF ANY INFORMATION CONTAINED ON THE WEBSITE IS SOLELY AT CLIENT’S RISK.
18.5 By accessing or using the Services, the Client acknowledges that they have read, understood, and agreed to be bound by the terms and conditions of this Agreement.