The following sets forth Fetch’s Terms of Use. We know how tempting it is to skip these Terms of Use, but it’s important to establish what you can expect from us as you use Fetch’s Service, and what we expect from you. The Terms of Use is a binding legal document, and you are required to read and accept it in full in order to use our Service.
Fetch Terms of Use.
Welcome, and thank you for your interest in Fetch (the trading name of Aheadoftheherd Ltd). (“Fetch,” “we,” or “us”) and our website at fetchsocialmedia.co, along with our related websites, networks, hosted applications, mobile or other downloadable applications, and other services provided by us (collectively, the “Service”). These Terms of Use are a legally binding contract between you and Fetch regarding your use of the Service.
PLEASE READ THE FOLLOWING TERMS CAREFULLY: BY CLICKING “I ACCEPT,” OR BY DOWNLOADING, INSTALLING, OR OTHERWISE ACCESSING OR USING THE SERVICE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE SERVICE, YOU AGREE TO BE BOUND BY, THE FOLLOWING TERMS AND CONDITIONS, INCLUDING FETCH’S PRIVACY POLICY https://fetchsocialmedia.co/privacy-policy AND ANY ADDITIONAL TERMS AND POLICIES FETCH MAY PROVIDE FROM TIME TO TIME (TOGETHER, THESE “TERMS”). If you are not eligible, or do not agree to the Terms, then you do not have our permission to use the Service. YOUR USE OF THE SERVICE, AND FETCH’S PROVISION OF THE SERVICE TO YOU, CONSTITUTES AN AGREEMENT BY FETCH AND BY YOU TO BE BOUND BY THESE TERMS.
By using Fetch Services, you agree to all the terms provided in the Terms of Use and our Privacy Policy (available at https://fetchsocialmedia.co/privacy-policy).
Arbitration NOTICE. Except for certain kinds of disputes described in Section 14, you agree that disputes arising under these Terms will be resolved by binding, individual arbitration, and BY ACCEPTING THESE TERMS, YOU AND FETCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN ANY CLASS ACTION OR REPRESENTATIVE PROCEEDING. The Terms of Use contain a binding arbitration provision. Except for certain kinds of disputes, you agree that disputes arising under those Terms will be resolved by binding, individual arbitration.
1. Service and Account
1.1 Service Overview. The Service provides a social media content generator tool that enables users to generate a social media plan based on social media posts and assets loaded to the platform.
1.2 Modification of the Service. Fetch reserves the right to modify or discontinue all or any portion of the Service at any time (including by limiting or discontinuing certain features of the Service), temporarily or permanently, without notice to you. Fetch will have no liability for any change to the Service, including any paid-for functionalities of the Service, or any suspension or termination of your access to or use of the Service. Service fees are not refundable. You should retain copies of any User Content you Post to the Service so that you have permanent copies in the event the Service is modified in such a way that you lose access to User Content.
We reserve the right to modify our Service at any time.
2. Eligibility. You must be at least 18-years old to use the Service. By agreeing to these Terms, you represent and warrant to us that: (a) you are at least 18-years old; (b) you have not previously been suspended or removed from the applicable Service; and (c) your registration and your use of the Service is in compliance with any and all laws and regulations. If you are an entity, organisation, or company, the individual accepting these Terms on your behalf represents and warrants that they have authority to bind you to these Terms and you agree to be bound by these Terms.
3. Accounts and Registration. To access most features of the Service, you must register for an account. When you register for an account, you may be required to provide us with some information about yourself, such as your name, email address, or other contact information. You agree that the information you provide to us is accurate, complete, and not misleading, and that you will keep it accurate and up to date at all times. When you register, you may be asked to create a password. You are solely responsible for maintaining the confidentiality of your account and password, and you accept responsibility for all activities that occur under your account. If you believe that your account is no longer secure, then you should immediately notify us at [email protected]
4. Payment Terms. Some features of the Service may require you to pay fees upon registering for the applicable subscription. Before you pay any fees, you will have an opportunity to review and accept the fees that you will be charged. All fees are in the currency shown on the check-out pages and are non-refundable unless otherwise specifically provided for in these Terms. Fees vary based on the plan, with different pricing schemes for individual users and organisations.
Some Service features may require you to pay fees. If that is the case and you provided a payment method, when the fee becomes due, you will be charged. You may cancel such fee-based Service at any time; when you do, you will not be charged in the next billing cycle.
4.1 Price. Fetch reserves the right to determine pricing for the Service. Fetch will make reasonable efforts to keep pricing information published on our website up to date. We encourage you to check our pricing page periodically for current pricing information. If you cancel your subscription you may forego your current price. If you reactivate at a later date, please check the relevant pricing page for our current rates. Fetch may change fees for any feature of the Service. Fetch, at its sole discretion, may make promotional offers with different features and different pricing to any of Fetch’s customers. These promotional offers, unless made to you, will not apply to your offer or these Terms.
4.2 Authorisation. You authorise Fetch to charge all sums for the orders that you make and any level of Service you select as described in these Terms or published by Fetch, including all applicable taxes, to the payment method specified in your account. If you pay any fees with a credit card, then Fetch may seek pre-authorisation of your credit card account prior to your purchase to verify that the credit card is valid and has the necessary funds or credit available to cover your purchase.
4.3 Subscription Service. The Service may include certain subscription-based plans with automatically recurring payments for periodic charges (“Subscription Service”). The “Subscription Billing Date” is the date when you purchase your first subscription to the Service. The Subscription Service will begin on the Subscription Billing Date and continue for the subscription period that you select on your account (such period, the “Initial Subscription Period”), and will automatically renew for successive periods of the same duration as the Initial Subscription Period (the Initial Subscription Period and each such renewal period, each a “Subscription Period”) unless you cancel the Subscription Service or we terminate it. If you activate a Subscription Service, then you authorise Fetch and its third-party payment processors to periodically charge, on a going-forward basis and until cancellation of the Subscription Service, all accrued sums on or before the payment due date. For information on the “Subscription Fee”, please see our pricing page. Your account will be charged automatically on the Subscription Billing Date and thereafter on the renewal date of your Subscription Service for all applicable fees and taxes for the next Subscription Period. You must cancel your Subscription Service before it renews in order to avoid billing of the next periodic Subscription Fee to your account. Fetch or its third-party payment processor will bill the periodic Subscription Fee to the payment method associated with your account or that you otherwise provide to us during registration (or to a different payment method if you change your payment information). You may cancel the Subscription Service by accessing your account settings. Your cancellation must be received before the renewal date in order to avoid charge for the next subscription period. We do not offer partial refunds.
4.4 Delinquent Accounts. Fetch may suspend or terminate access to the Service, including fee-based portions of the Service, for any account for which any amount is due but unpaid. In addition to the amount due for the Service, a delinquent account will be charged with fees or charges that are incidental to any chargeback or collection of any the unpaid amount, including collection fees. If your payment method is no longer valid at the time a renewal Subscription Fee is due, then Fetch reserves the right to delete your account and any information or User Content (defined below) associated with your account without any liability to you.
5. Licence to Fetch Services
5.1 Limited License. Subject to your complete and ongoing compliance with these Terms, Fetch grants you, solely a non-exclusive, non-transferable, non-sublicensable, and revocable license to: (a) install and use one object code copy of any mobile or other downloadable application associated with the Service obtained from a legitimate marketplace (whether installed by you or pre-installed on your mobile device by the device manufacturer or a wireless telephone provider) on a mobile device that you own or control; and (b) access and use the Service.
5.2 License Restrictions. Except and solely to the extent such a restriction is impermissible under applicable law, you may not: (a) reproduce, distribute, publicly display, publicly perform, or create derivative works of the Service; (b) make modifications to the Service; or (c) interfere with or circumvent any feature of the Service, including any security or access control mechanism. If you are prohibited under applicable law from using the Service, then you may not use it.
5.2.1 Additional Restrictions on Use:
In accessing or using our platform, you agree not to: Decompile, reverse engineer, disassemble, attempt to derive the source code of, or decrypt the application or platform; Make any modification, adaptation, improvement, enhancement, translation, or derivative work from the platform; Violate any applicable laws, rules, or regulations in connection with your access or use of the platform.
We authorise you to use our Service on the condition that you respect our intellectual property rights in the Service and don’t interfere with the Service.
5.3 Feedback. We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Service (“Feedback”), then you hereby grant Fetch an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Service and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
6. Ownership; Proprietary Rights. The Service is owned and operated by Fetch. The visual interfaces, graphics, design, compilation, information, data, computer code (including source code or object code), products, software, services, domain names, templates, and all other elements of the Service provided by Fetch (“Materials”) are protected by intellectual property and other laws. All Materials included in the Service are the property of Fetch or its third-party licensors. Except as expressly authorised by Fetch, you may not make use of the Materials. There are no implied licenses in these Terms and Fetch reserves all rights to the Materials not granted expressly in these Terms.
7. Third-Party Terms
7.1 Third Party Services and Linked Websites. Fetch may provide tools through the Service that enable you to import and export information, including User Content, to third-party services, including through features that allow you to link your account on the Service with an account on the third-party service, such as Instagram, Facebook and ‘X’, or through our implementation of third-party buttons (such as “like” or “share” buttons). By using one of these tools, you hereby authorise Fetch to transfer that information to and from the applicable third-party service. Third-party services are not under Fetch’s control, and Fetch, to the fullest extent permitted by law, is not responsible for any third-party service’s use of your exported information. The Service may also contain links to third-party websites. Linked websites are not under Fetch’s control, and Fetch is not responsible for their content. Please be sure to review the terms of use and privacy policy of any third-party services before you share any User Content or information with such third-party services. Once sharing occurs, Fetch will have no control over the information that has been shared.
7.2 Third-Party Software. The Service may include or incorporate third-party software components that are generally available free of charge under licenses granting recipients broad rights to copy, modify, and distribute those components (“Third-Party Components”). Although the Service is provided to you subject to these Terms, nothing in these Terms prevents, restricts, or is intended to prevent or restrict you from obtaining Third-Party Components under the applicable third-party licenses or to limit your use of Third-Party Components under those third-party licenses.
8. User Content
8.1 User Content. Generally Certain features of the Service may permit users to submit, upload, publish, broadcast, or otherwise transmit (“Post”) content to or via the Service, including social media posts and other content which may be comprised of messages, reviews, photos, video or audio (including sound or voice recordings and musical recordings embodied in the video or audio), images, folders, data, text, and any other works of authorship or other works (“User Content”). You retain any copyright and other proprietary rights that you may hold in the User Content that you Post to the Service subject to the licenses granted in these Terms.
8.1.2 When you use our service to generate your own content, including but not limited to social media posts, articles, images, and videos (“User Content”), you maintain ownership over your original elements. However, for the content we generate for you (and make available to you) even if it incorporates your Content / User Content, we hold the copyright. This ensures we can continue offering high-quality, innovative content services while respecting your rights and contributions.
8.1.3 Access and Use of Digital Assets.
Grant of Authority: By subscribing to Fetch, the self-serve social media content generator service, you (“User”) hereby grant Fetch, its affiliates, and designated agents (collectively, “Fetch”), a non-exclusive, worldwide, royalty-free licence to access, retrieve, and use digital assets, including but not limited to brand folders, images, videos, text, and other digital content (“Digital Assets”), stored in your systems or third-party services utilised by you, for the purpose of creating and generating social media posts, images, videos, and related content on your behalf.
Scope of Access: You agree to provide Fetch with all necessary access credentials, permissions, and interfaces required to access your Digital Assets as deemed necessary by Fetch for the effective delivery of the Service. This may include, but is not limited to, access to your cloud storage accounts, social media accounts, content management systems, and other digital repositories where your Digital Assets are stored.
Duration of Access: Fetch’s access to your Digital Assets shall commence upon your subscription to the Service and will continue for the duration of your subscription. Upon termination or expiry of your subscription, Fetch’s right to access your Digital Assets will cease, except as required to complete any pending tasks or as required by law.
Data Protection and Privacy: Fetch is committed to protecting the privacy and security of your Digital Assets. Fetch will comply with all applicable UK privacy laws and regulations, in relation to the handling, processing, and storage of your Digital Assets. Fetch will implement appropriate technical and organisational measures to ensure a level of security appropriate to the risk, in accordance with best industry practices.
User Warranties and Responsibilities: You warrant that you have the legal right to grant Fetch access to the Digital Assets and that the use of such Digital Assets by Fetch in accordance with this clause will not infringe the rights of any third party or violate any applicable laws. You agree to indemnify and hold harmless Fetch against any claims, damages, liabilities, costs, and expenses arising out of Fetch’s access to or use of the Digital Assets as permitted herein.
Amendment and Termination: Fetch reserves the right to amend the terms of this Access and Use of Digital Assets Clause at any time. Any such amendments will be communicated to you and will take effect immediately unless otherwise stated. You may terminate your subscription to the Service at any time; however, such termination will not affect the rights and obligations that have already arisen under this clause.
8.2 Limited License Grant to Fetch. By Posting User Content to or via the Service, you grant Fetch a worldwide, non-exclusive, irrevocable, royalty-free, fully paid right and license (with the right to sublicense through multiple tiers) to host, store, transfer, publicly display, publicly perform (including by means of a digital audio transmission), communicate to the public, reproduce, modify for the purpose of formatting for display, create derivative works as authorised in these Terms, and distribute your User Content, in whole or in part, in any media formats and through any media channels, in each instance whether now known or hereafter developed. All of the rights you grant in these Terms are provided on a through-to-the-audience basis, meaning the owners or operators of external services will not have any separate liability to you or any other third party for User Content Posted or otherwise used on external services via the Service. You agree to pay all monies owing to any person or entity resulting from Posting your User Content and from Fetch’s exercise of the license set forth in this Section.
8.3 Specific Rules for Photographs and Images. If you Post a photograph or image to the Service that includes one or more persons, you hereby grant such persons and their administrators, guardians, heirs, and trustees, if any, an irrevocable, perpetual, royalty free, fully paid-up, worldwide license to reproduce, distribute, and publicly display that photograph for personal use and through any online platform or service, including, by way of example and not limitation, the Service, Facebook, Instagram, and ‘X’, but not to promote any third-party product, good, or service. The license contained in this Section does not permit the subject of any photo or their administrators, guardians, heirs, or trustees to sell that image or photograph, whether on a standalone basis or as embodied in any product.
8.4 User Content Representations and Warranties. You must not Post User Content if you are not the owner of or are not fully authorised to grant rights in all of the elements of that User Content. Fetch disclaims any and all liability in connection with User Content. You are solely responsible for your User Content and the consequences of providing User Content via the Service.
8.5 By providing User Content via the Service, you affirm, represent, and warrant to us that:
You are the creator and owner of the User Content, including the User Mark, or have the necessary licenses, rights, consents, and permissions to authorise Fetch and users of the Service to use and distribute your User Content as necessary to exercise the licenses granted by you in this Section, in the manner contemplated by Fetch, the Service, and these Terms;
Your User Content, and the Posting or other use of your User Content, including the User Mark, as contemplated by these Terms, does not and will not: (i) infringe, violate, misappropriate, or otherwise breach any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property, contract, or proprietary right; (ii) slander, defame, libel, or invade the right of privacy, publicity or other property rights of any other person; or (iii) cause Fetch to violate any law or regulation or require us to obtain any further licenses from or pay any royalties, fees, compensation or other amounts or provide any attribution to any third parties;
Your User Content does not contain (i) language that incites or leads to physical violence or causes emotional harm towards a community that is historically marginalised; (ii) content that clearly aims to undermine or invalidate the experience of a community that is historically marginalised; (iii) content aimed to incite violence, lead to physical or emotional harm, hate, abuse, or the spread of false information; and (iv) false information which we determine is dangerous and can lead to violence, harm, severe illness, and/or death, including:- astroturfing;- fake accounts, deceptive behaviour, bad actors;- misleading or potentially harmful content;- content that advances any misinformation narrative, conspiracy theories, or hoax that we determine as leading to harm.- COVID-19 misinformation that could contribute to a risk of spreading COVID-19 and vaccine misinformation; and- content intended to suppress one’s right to vote;
Your User Content could not be deemed by a reasonable person to be objectionable, profane, indecent, pornographic, harassing, threatening, embarrassing, hateful, or otherwise inappropriate; and
Your User Content does not and will not contain Hateful Content, a Threat of Physical Harm, or Harassment. The following serves as a guide to help illustrate generally the types of content that fall within the scope of Fetch’s policy on Hateful Content, Threats of Physical Harm, and Harassment, but is not exhaustive. This Section does not limit any of our other rights or remedies provided herein. For the avoidance of doubt, your User Content may not include, and Fetch may remove or refuse to publish or promote any User Content that violates the terms or policies of any third party platform with which Fetch’s Services integrate or interoperate.
Hateful Content includes: Any statement, image, photograph, or other content that in our sole judgment could be reasonably perceived to harm, threaten, demean, promote the harassment of, promote the intimidation of, or promote the abuse of others for any reason, including by reason of race, gender or gender identity, national origin, sexual orientation, religion, or otherwise. A Threat of Physical Harm includes: Any statement, photograph, advertisement, or other content that in our sole judgment could be reasonably perceived to threaten, advocate, or incite physical harm to or violence against others, including references to current or historical figures or groups that are known for purporting such content. Harassment includes:
Revealing someone’s personal information, also known as “doxxing”. Online stalking, and bullying. Wishes for physical harm directed at a person or persons. Incitement of others to any of the previous items.
We reserve the right to suspend or terminate accounts and remove individual posts which contain Hateful Content, a Threat of Physical Harm, or Harassment. We also may suspend or terminate your account if we determine, in our sole discretion, that you are either:
An organisation which has publicly stated or acknowledged that its goals, objectives, positions, or founding tenets include statements or principles that could be reasonably perceived to advocate, encourage, or sponsor Hateful Content, Harassment, or A Threat of Physical Harm. A person or organisation that has acted in such a way as could be reasonably perceived to support, condone, encourage, or represent Hateful Content, Harassment, or A Threat of Physical Harm.
Notwithstanding the foregoing, we reserve the right to screen, remove, edit, or block any User Content we find in violation of the Terms or that we find, in our sole discretion to be otherwise objectionable, at our sole discretion.
You are responsible for your posts. Don’t violate copyright laws. You must follow our content guidelines and must not use our site or Service to post harmful material, harass people, send spam, or engage other prohibited activities.
8.6 User Content Disclaimer. We are under no obligation to edit or control User Content that you or other users Post and will not be in any way responsible or liable for User Content. Fetch may, however, at any time and without prior notice, screen, remove, edit, or block any User Content that in our sole judgment violates these Terms, is alleged to violate the rights of third parties, or is otherwise objectionable. You understand that, when using the Service, you will be exposed to User Content from a variety of sources and acknowledge that User Content may be inaccurate, offensive, indecent, or objectionable. You agree to waive, and do waive, any legal or equitable right or remedy you have or may have against Fetch with respect to User Content. If notified by a user or content owner that User Content allegedly does not conform to these Terms, we may investigate the allegation and determine in our sole discretion whether to remove the User Content, which we reserve the right to do at any time and without notice. For clarity, Fetch does not permit infringing activities on the Service.
8.7 Monitoring Content. Fetch does not control and does not have any obligation to monitor: (a) User Content; (b) any content made available by third parties; or (c) the use of the Service by its users. You acknowledge and agree that Fetch reserves the right to, and may from time to time, monitor any and all information transmitted or received through the Service for operational and other purposes. If at any time Fetch chooses to monitor the content, then Fetch still assumes no responsibility or liability for content or any loss or damage incurred as a result of the use of content. During monitoring, information may be examined, recorded, copied, and used in accordance with our Privacy Policy. Fetch may block, filter, mute, remove or disable access to any User Content uploaded to or transmitted through the Service without any liability to the user who Posted such User Content to the Service or to any other users of the Service.
9. Prohibited Conduct BY USING THE SERVICE, YOU AGREE NOT TO:
Use the Service for any illegal purpose or in violation of any local, state, national, or international law; harass, threaten, demean, embarrass, bully, or otherwise harm any other user of the Service; violate, encourage others to violate, or provide instructions on how to violate, any right of a third party, including by infringing or misappropriating any third-party intellectual property right; access, search, or otherwise use any portion of the Service through the use of any engine, software, tool, agent, device, or mechanism (including spiders, robots, crawlers, and data mining tools) other than the software or search agents provided by Fetch; interfere with security-related features of the Service, including by: (i) disabling or circumventing features that prevent or limit use, printing or copying of any content; or (ii) reverse engineering or otherwise attempting to discover the source code of any portion of the Service except to the extent that the activity is expressly permitted by applicable law; modify or create derivatives of any part of the Service; interfere with the operation of the Service or any user’s enjoyment of the Service, including by: (i) uploading or otherwise disseminating any virus, adware, spyware, worm, or other malicious code; (ii) making any unsolicited offer or advertisement to another user of the Service; (iii) collecting personal information about another user or third party without consent; or (iv) interfering with or disrupting any network, equipment, or server connected to or used to provide the Service; perform any fraudulent activity including impersonating any person or entity, claiming a false affiliation or identify, accessing any other Service account without permission, or falsifying your age or date of birth; take action that imposes an unreasonable or disproportionately large load on the infrastructure of the Service of Fetch’s systems or networks, or any systems or networks connected to the Service or Fetch; sell or otherwise transfer the access granted under these Terms or any Materials (as defined in Section 6 (Ownership; Proprietary Rights)) or any right or ability to view, access, or use any Materials; or attempt to do any of the acts described in this Section 9 (Prohibited Conduct) or assist or permit any person in engaging in any of the acts described in this Section 9 (Prohibited Conduct).
10. Intellectual Property Protection
10.1 Respect of Third Party Rights. Fetch respects the intellectual property rights of others, takes the protection of intellectual property rights very seriously, and asks users of the Service to do the same. Infringing activity will not be tolerated on or through the Service.
10.2 In alignment with UK copyright law, our service adheres to the relevant provisions for digital content providers. If you believe any material on the Service infringes your intellectual property, you can reach out to our designated contact point. Please direct your complaint to [email protected] ensuring to include detailed information to support your claim.
10.3 Procedure for Reporting Claimed Infringement. If you believe that any content made available on or through the Service has been used or exploited in a manner that infringes an intellectual property right you own or control, then please promptly send a written “Notification of Claimed Infringement” to the Designated Agent identified above containing the following information:
An electronic or physical signature of the person authorised to act on behalf of the owner of the copyright or other right being infringed; a description of the copyrighted work or other intellectual property right that you claim has been infringed; a description of the material that you claim is infringing and where it is located on the Service; your address, telephone number, and email address; a statement by you that you have a good faith belief that the use of the materials on the Service of which you are complaining is not authorised by the copyright or other intellectual property right owner, its agent, or the law; and a statement by you that the above information in your notice is accurate and that, under penalty of perjury, you are the copyright or other intellectual property right owner or authorised to act on the copyright or intellectual property owner’s behalf.
Your Notification of Claimed Infringement may be shared with the user alleged to have infringed a right you own or control as well as with the operators of publicly available databases that track notifications of claimed infringement, and you consent to making such disclosures. You should consult with your own lawyer to confirm your obligations to provide a valid notice of claimed infringement.
We respect everyone’s copyrights. When you suspect or notice any copyright violation and would like us to do something about it, please email us with all the details to [email protected]
10.4 Repeat Infringers. Fetch’s policy is to: (a) remove or disable access to material that Fetch believes in good faith, upon notice from an intellectual property rights owner or authorised agent, is infringing the intellectual property rights of a third party by being made available through the Service; and (b) in appropriate circumstances, to terminate the accounts of and block access to the Service by any user who repeatedly or egregiously infringes other people’s copyright or other intellectual property rights. Fetch will terminate the accounts of users that are determined by Fetch to be repeat infringers. Fetch reserves the right, however, to suspend or terminate accounts of users in our sole discretion.
10.5 Counter Notification If you receive a notification from Fetch that material made available by you on or through the Service has been the subject of a Notification of Claimed Infringement, then you will have the right to provide Fetch with what is called a “Counter Notification.” To be effective, a Counter Notification must be in writing, provided to the Designated Agent through one of the methods identified in Section 10.2, and include substantially the following information:
You must provide your signature, detail the content affected, and assert under penalty of perjury your belief in the mistaken removal or disability of material. Include your contact details and consent to the jurisdiction of England and Wales courts, agreeing to accept service from the complainant or their agent.
A party submitting a Counter Notification should consult a lawyer to confirm the party’s obligations to provide a valid counter notification under the Copyright Act.
10.6 Reposting of Content Subject to a Counter Notification. If you submit a Counter Notification in response to a Notification of Claimed Infringement, then Fetch will promptly provide the person who provided the Notification of Claimed Infringement with a copy of your Counter Notification and inform that person that Fetch will replace the removed User Content or cease disabling access to it in 10 business days, and Fetch will replace the removed User Content and cease disabling access to it not less than 10, nor more than 14, business days following receipt of the Counter Notification, unless Fetch’s Designated Agent receives notice from the party that submitted the Notification of Claimed Infringement that such person has filed an action seeking a court order to restrain the user from engaging in infringing activity relating to the material on Fetch’s system or network.
10.7 Fetch reserves the right to seek damages from any party that submits a Notification of Claimed Infringement or Counter Notification in violation of the law.
11. Term and Termination
11.1 Term. These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Service, and ending when terminated as described in this section (Termination).
11.2 Termination. If you violate any provision of these Terms, then your authorisation to access the Service and these Terms automatically terminate. In addition, Fetch may, at its sole discretion, terminate these Terms or your account on the Service, or suspend or terminate your access to the Service, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your account and these Terms at any time as provided in Section 1 (Subscription Service) or by contacting customer service at [email protected]
11.3 Effect of Termination. Upon termination of these Terms: (a) your license rights will terminate and you must immediately cease all use of the Service; (b) you will no longer be authorised to access your account or the Service; (c) you must pay Fetch any unpaid amount that was due prior to termination; and (d) all payment obligations accrued prior to termination and Sections 5 & 6 (License Restrictions; Ownership; Proprietary Rights), 11.3 (Effect of Termination), 12 (Indemnity; Disclaimers; Limitation of Liability), 14 (Dispute Resolution and Arbitration), and 15 (Miscellaneous) will survive. You are solely responsible for retaining copies of any User Content you Post, create or access. Upon termination of your account, you will lose access rights to any User Content you Posted to the Service. If we choose to make this content available to you, we reserve the right to charge you for this content/date. Charges will be determined on a case-by-case basis. If your account has been terminated for a breach of these Terms, then you are prohibited from creating a new account on the Service using a different name, email address or other forms of account verification.
We may stop providing the Service at any time. You can also stop using your account or close your account at any time. If your account is terminated by you or by us, you will lose access to your content on our Site, so it is always a good idea to have a backup.
12. INDEMNITY; DISCLAIMER; LIMITATION OF LIABILITY To the fullest extent permitted by law, you are responsible for your use of the Service, and you will defend and indemnify Fetch, its affiliates and their respective shareholders, directors, managers, members, officers, employees, consultants, and agents (together, the “Fetch Entities”) from and against every claim brought by a third party, and any related liability, damage, loss, and expense, including attorneys’ fees and costs, arising out of or connected with: (a) your unauthorised use of, or misuse of, the Service; (b) your violation of any portion of these Terms, any representation, warranty, or agreement referenced in these Terms, or any applicable law or regulation; (c) your violation of any third-party right, including any intellectual property right or publicity, confidentiality, other property, or privacy right; or (d) any dispute or issue between you and any third party. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you (without limiting your indemnification obligations with respect to that matter), and in that case, you agree to cooperate with our defense of those claims.
13. Disclaimers; No Warranties by Fetch THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE ARE PROVIDED “AS IS” AND ON AN “AS AVAILABLE” BASIS. FETCH DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, RELATING TO THE SERVICE AND ALL MATERIALS AND CONTENT AVAILABLE THROUGH THE SERVICE, INCLUDING: (a) ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT, OR NON-INFRINGEMENT; AND (b) ANY WARRANTY ARISING OUT OF COURSE OF DEALING, USAGE, OR TRADE. FETCH DOES NOT WARRANT THAT THE SERVICE OR ANY PORTION OF THE SERVICE, OR ANY MATERIALS OR CONTENT OFFERED THROUGH THE SERVICE, WILL BE UNINTERRUPTED, SECURE, OR FREE OF ERRORS, VIRUSES, OR OTHER HARMFUL COMPONENTS, AND FETCH DOES NOT WARRANT THAT ANY OF THOSE ISSUES WILL BE CORRECTED. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE SERVICE OR FETCH ENTITIES OR ANY MATERIALS OR CONTENT AVAILABLE THROUGH THE SERVICE WILL CREATE ANY WARRANTY REGARDING ANY OF THE FETCH ENTITIES OR THE SERVICE THAT IS NOT EXPRESSLY STATED IN THESE TERMS. WE ARE NOT RESPONSIBLE FOR ANY DAMAGE THAT MAY RESULT FROM THE SERVICE AND YOUR DEALING WITH ANY OTHER SERVICE USER. YOU UNDERSTAND AND AGREE THAT YOU USE ANY PORTION OF THE SERVICE AT YOUR OWN DISCRETION AND RISK, AND THAT WE ARE NOT RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM OR MOBILE DEVICE USED IN CONNECTION WITH THE SERVICE) OR ANY LOSS OF DATA, INCLUDING USER CONTENT. THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS SECTION APPLY TO THE FULLEST EXTENT PERMITTED BY LAW and does not disclaim any warranty or other right that Fetch is prohibited from disclaiming under applicable law.
13.1 Limitation of Liability.
The service and all materials and content available through the service are provided ‘as is’ and on an ‘as available’ basis, without warranty of any kind, either express or implied. Fetch disclaims all warranties, including any implied warranties of merchantability, fitness for a particular purpose, and non-infringement. Fetch does not warrant that the service will be uninterrupted or error-free. Additionally, Fetch expressly disclaims any liability for copyright infringement by users of the service. Users are responsible for ensuring that their use of the service and content does not infringe on the rights of third parties. This disclaimer applies to the fullest extent permitted by law and does not affect any warranties that cannot be excluded or limited under applicable law.
To the fullest extent permitted by law, in no event will Fetch or entities be liable to you for any indirect, incidental, special, consequential or punitive damages (including damages for loss of profits, goodwill, or any other intangible loss) arising out of or relating to your access to or use of, or your inability to access or use, the service or any materials or content on the service, whether based on warranty, contract, tort (including negligence), statute, or any other legal theory, and whether or not any Fetch entity has been informed of the possibility of damage. except as provided in arbitration provisions and to the fullest extent permitted by law, the aggregate liability of the Fetch entities to you for all claims arising out of or relating to the use of or any inability to use any portion of the service or otherwise under these terms, whether in contract, tort, or otherwise, is limited to the greater of: (a) the amount you have paid to Fetch for access to and use of the service in the 3 months prior to the event or circumstance giving rise to the claim and (b) AUD$100. Each provision of these terms that provides for a limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these terms. This allocation is an essential element of the basis of the bargain between the parties. each of these provisions is severable and independent of all other provisions of these terms. The limitations in this section will apply even if any limited remedy fails of its essential purpose.
14. Dispute Resolution and Arbitration.
14.1 Generally. In the interest of resolving disputes between you and Fetch in the most expedient and cost effective manner, and except as described in the Arbitration provisions, you and Fetch agree that every dispute arising in connection with these Terms, the Service, and communications from us will be resolved by binding arbitration. Arbitration is less formal than a lawsuit in court. Arbitration uses a neutral arbitrator instead of a judge or jury, may allow for more limited discovery than in court, and can be subject to very limited review by courts. Arbitrators can award the same damages and relief that a court can award. This agreement to arbitrate disputes includes all claims arising out of or relating to any aspect of these Terms, the Service, or any communications to or from us, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and regardless of whether a claim arises during or after the termination of these Terms. YOU UNDERSTAND AND AGREE THAT, BY ENTERING INTO THESE TERMS, YOU AND FETCH ARE EACH WAIVING THE RIGHT TO A TRIAL BY JURY OR TO PARTICIPATE IN A CLASS ACTION.
14.2 Exceptions. Despite the provisions of 14.1 (Generally) above, nothing in these Terms will be deemed to waive, preclude, or otherwise limit the right of either party to: (a) bring an individual action in small claims court; (b) pursue an enforcement action through the applicable federal, state, or local agency if that action is available; (c) seek injunctive relief in a court of law in aid of arbitration; or (d) to file suit in a court of law to address an intellectual property infringement claim.
14.3 Opt-Out. If you do not wish to resolve disputes by binding arbitration, you may opt out of the provisions of this Section within 30 days after the date that you agree to these Terms by emailing us at [email protected] specifying: your full legal name, the email address associated with your account on the Service, and a statement that you wish to opt out of arbitration (“Opt-Out Notice”). Once Fetch receives your Opt-Out Notice, Section 14.1 will be void and any action arising out of these Terms will be resolved as set forth in Section 15 (Governing Law). The remaining provisions of these Terms will not be affected by your Opt-Out Notice.
14.4 Arbitrator. Any arbitration between you and Fetch shall be governed by the laws of the United Kingdom and conducted in accordance with the rules of a recognised UK arbitration body that is agreed upon by the parties. The appointed arbitrator will have exclusive authority to resolve any disputes related to the interpretation, applicability, or enforceability of this arbitration agreement, ensuring that the process is aligned with both the legal framework of the UK and the chosen procedural rules of the arbitration body.
14.5 Notice of Arbitration; Process. A party who intends to seek arbitration must first send a written notice of the dispute to the other party by certified Mail or, only if that other party has not provided a current physical address, then by electronic mail (“Notice of Arbitration”). The Notice of Arbitration must: (a) describe the nature and basis of the claim or dispute; and (b) set forth the specific relief sought (“Demand”). The parties will make good faith efforts to resolve the claim directly, but if the parties do not reach an agreement to do so within 30 days after the Notice of Arbitration is received, you or Fetch may commence an arbitration proceeding. All arbitration proceedings between the parties will be confidential unless otherwise agreed by the parties in writing. During the arbitration, the amount of any settlement offer made by you or Fetch must not be disclosed to the arbitrator until after the arbitrator makes a final decision and award, if any. If the arbitrator awards you an amount higher than the last written settlement amount offered by Fetch in settlement of the dispute prior to the award, Fetch will pay to you the higher of: (a) the amount awarded by the arbitrator and (b) GBP£500.
14.6 Fees. If you commence arbitration in accordance with these Terms, Fetch will reimburse you for your payment of the filing fee, unless your claim is for more than GBP£500, in which case the payment of any fees will be decided by the arbitration body rules. Any arbitration hearing will take place at a location to be agreed upon in the state of your billing address or another mutually agreed location, but if the claim is for GBP£1,000 or less, you may choose whether the arbitration will be conducted: (a) solely on the basis of documents submitted to the arbitrator; (b) through a non-appearance based telephone hearing; or (c) by an in-person hearing as established by the arbitration body rules. If the arbitrator finds that either the substance of your claim or the relief sought in the Demand is frivolous or brought for an improper purpose (as measured by the standards set forth in 11(b), then the payment of all fees will be governed by arbitration body rules. In that case, you agree to reimburse Fetch for all monies previously disbursed by it that are otherwise your obligation to pay under arbitration body rules. Regardless of the manner in which the arbitration is conducted, the arbitrator must issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the decision and award, if any, are based. The arbitrator may make rulings and resolve disputes as to the payment and reimbursement of fees or expenses at any time during the proceeding and upon request from either party made within 14 days of the arbitrator’s ruling on the merits.
14.7 No Class Actions. YOU AND FETCH AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Further, unless both you and Fetch agree otherwise, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding.
14.8 Modifications to this Arbitration Provision. If Fetch makes any future change to this arbitration provision, other than a change to Fetch’s address for Notice of Arbitration, you may reject the change by sending us written notice within 30 days of the change to Fetch’s address for Notice of Arbitration, in which case your account with Fetch will be immediately terminated and this arbitration provision, as in effect immediately prior to the changes you rejected will survive.
14.9 Enforceability. If Section 14.7 (No Class Actions) above or the entirety of this Section 14 is found to be unenforceable, or if Fetch receives an Opt-Out Notice from you, then the entirety of this Section 14 will be null and void and, in that case, the exclusive jurisdiction and venue described in Section 15 (Governing Law) will govern any action arising out of or related to these Terms.
15. MISCELLANEOUS
15.1 General Terms. These Terms, including the Privacy Policy and any other agreements expressly incorporated by reference into these Terms, are the entire and exclusive understanding and agreement between you and Fetch regarding your use of the Service. You may not assign or transfer these Terms or your rights under these Terms, in whole or in part, by operation of law or otherwise, without our prior written consent. We may assign these Terms and all rights granted under these Terms, including with respect to your User Content, at any time without notice or consent. The failure to require performance of any provision will not affect our right to require performance at any other time after that, nor will a waiver by us of any breach or default of these Terms, or any provision of these Terms, be a waiver of any subsequent breach or default or a waiver of the provision itself. Use of Section headers in these Terms is for convenience only and will not have any impact on the interpretation of any provision. Throughout these Terms the use of the word “including” means “including but not limited to.” If any part of these Terms is held to be invalid or unenforceable, then the unenforceable part will be given effect to the greatest extent possible, and the remaining parts will remain in full force and effect.
15.2 Governing Law. These Terms are governed by the laws of England and Wales, without regard to conflict of law principles. You and Fetch agree to the exclusive jurisdiction of the courts of These Terms are governed by the laws of England and Wales for the resolution of any disputes arising under these Terms.
15.3 Communications. Push Notifications. When you install our app on your mobile device, you agree to receive push notifications, which are messages an app sends you on your mobile device when you are not in the app. You can turn off notifications by visiting your mobile device’s “settings” page. Email. We may send you emails concerning our products and services, as well as those of third parties. You may opt out of promotional emails by following the unsubscribe instructions in the promotional email itself.
These Terms are governed by the laws of England and Wales.
16. Modification of Terms. We may, from time to time, change these Terms. Please check these Terms periodically for changes. Revisions will be effective immediately except that, for existing users, material revisions will be effective 30 days after posting or notice to you of the revisions unless otherwise stated. If a change to these Terms materially modifies your rights or obligations, we may require that you accept the modified Terms in order to continue to use the Service. If you do not agree to the modified Terms, then you should remove your User Content and discontinue your use of the Service. Except as expressly permitted in this Section 8, these Terms may be amended only by a written agreement signed by authorised representatives of the parties to these Terms.
16.1 Privacy Policy. Please read the Fetch Privacy Policy at https://fetchsocialmedia.co/privacy-policy the “Privacy Policy”) carefully for information relating to our collection, use, storage, and disclosure of your personal information. The Privacy Policy is incorporated by this reference into, and made a part of, these Terms.
16.2 Additional Terms. Your use of the Service is subject to all additional terms, policies, rules, or guidelines applicable to the Service or certain features of the Service that we may post on or link to from the Service (the “Additional Terms”). All Additional Terms are incorporated by this reference into, and made a part of, these Terms.
16.3 Consent to Electronic Communications. By using the Service, you consent to receiving certain electronic communications from us as further described in our Privacy Policy. Please read our Privacy Policy to learn more about our electronic communications practices. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that those communications be in writing.
16.4 Contact Information. The Service is offered by Fetch. You may contact us by sending an email to [email protected]
16.5 No Support. Except for otherwise provided separately to you, all support is provided at Fetch’s discretion and will subject to Fetch’s published polices.
16.6 International Use. The Service is intended for visitors located within selected countries that we choose to operate in. We make no representation that the Service is appropriate or available for use outside of these locations. Access to the Service from countries or territories or by individuals where such access is illegal is prohibited.
We may update these Terms at any time. If the update materially changes the Terms, we will notify you. If you don’t agree with the changes, you may terminate your use of our Service.