forghetti®  Terms of Service

Thank you for choosing to use the forghetti platform!

Please read these terms of service (“Terms”) carefully because it sets forth legal rights and obligations and cover your use and access to our services, client software and websites ("Services").

1. APPLICATION OF THIS AGREEMENT

If you subscribe to the service for a defined period of time (the “Initial Term”), then, unless you decline to renew your subscription in accordance with the below, this Terms of Use Agreement will be automatically renewed for additional periods of the same duration as the Initial Term at Forghetti’s then-current rates for such Service.

2. DEFINITIONS

“Agreement” refers to these Terms of Service;

“App(s)” refers to our mobile, desktop and browser applications made available to you through Apple AppStore, Google Play, Android Marketplace or other app stores or indeed the Forghetti website;

“Forghetti” refers to one of the following: our company (the official name of which is “Forghetti Ltd.”); our Website; our Service (currently offered under the brand “forghetti”); or a combination of all or some of the foregoing, depending on the context in which the word “Forghetti” is used;

“Registered User” refers to a User who has registered for an account via a Service (“Account”).

“Service” or “Services” refers to the services that we provide, including our Apps and our Website;

“Website” refers to any website controlled by us where this Agreement appears, including www.forghetti.com;

“User” refers to users of our Services;

“You” (whether or not capitalised, and including variations such as “your,” etc.) refers to you, the person who is entering into this Agreement with Forghetti.

3. WHAT IS FORGHETTI?

Forghetti is a digital platform (mobile, desktop, web and future formats), that persistently generates passwords, pin numbers, words and a combination thereof on demand when that demand is triggered by the inputting of a unique personal identifier “UPI”. This UPI is in the form of a multi-layered pattern or “doodle” but could be any format in the future including but not limited to facial recognition, finger print ID, master password or numerical code.

4. OUR SERVICE

Your agreement is with Forghetti Ltd. Our Privacy Policy explains how we collect and use your information while our Acceptable Use Policy outlines your responsibilities when using our Services. By subscribing to the service, you’re agreeing to be bound by these Terms, our Privacy Policy, and Acceptable Use Policy. If you’re using our Services for an organisation, you’re agreeing to these Terms on behalf of that organisation.

Privacy And Security Principles. Since we started Forghetti, we’ve built our Services with strong privacy and security principles in mind.

Sharing With Other Users. Forghetti works with other service providers to help us provide ways for you to connect with their services. We do not receive any information from them to help operate or provide our Services.

International Services. To operate our Service internationally, we need to store and distribute content and information in data centers and systems around the world, including outside your country of residence. This infrastructure is owned or operated by our service providers or their affiliated companies. All of the Forghetti platform is hosted on the infrastructure provided by the Google Cloud Platform.

Registration. You must register for our Services using accurate information, provide your current mobile phone number, and, if you change it, update your mobile phone number using our in-app change number feature. You agree to receive text messages (from us or our third-party providers) with codes to register for our Services.

Age. You must be at least 13 years old to use our Services or such greater age required in your country to register for or use our Services. In addition to being of the minimum required age to use our Services under applicable law, if you are not old enough to have authority to agree to our Terms in your country, your parent or guardian must agree to our Terms on your behalf.

Charges And Taxes. You are responsible for all carrier data plans, Internet charges, and other charges and taxes associated with your use of our Services.

5. USE

You are responsible for all activities that occur under your Account. You may not share your Account or login with anyone, and you agree to (1) notify Forghetti immediately of any unauthorised use of your Account or any other breach of security; and (2) exit from your Account at the end of each session.

6. YOUR INFORMATION & YOUR PERMISSIONS

When you use our Services, you provide us with your name and profile preferences (“Your Information”). Your Information is yours. These Terms don’t give us any rights to Your Information except for the limited rights that enable us to offer the Services.

We need your permission to do things like hosting Your Information, backing it up, and sharing it when you ask us to.

7. YOUR RESPONSIBILITIES

You’re responsible for your conduct. Your Information and you must comply with our Acceptable Use Policy. Content in the Services may be protected by others’ intellectual property rights.

We may review your conduct and content for compliance with these Terms and our Acceptable Use Policy. With that said, we have no obligation to do so. We aren’t responsible for the information made available via the Services.

Help us keep you informed and Your Information protected. Safeguard your access to the Services, and keep your account information current. Don’t share your account credentials or give others access to your account. We encourage you to use any device lock as provided on your devices to deter access to Forghetti and for that matter any other apps which may contain your Personal Information.

You may use our Services only as permitted by applicable law, including export control laws and regulations.

8. SOFTWARE

Subject to your compliance with this Agreement, we grant you a limited non-exclusive, non-transferable, non-sublicensable, revocable license to download, install and/or use the Services on any device that you own or control, solely for your own personal, non-commercial use.

You must provide certain devices, software, and data connections to use our Services, which we otherwise do not supply. With respect to any App accessed through or downloaded from the Apple App Store (an “App Store Sourced Application”), you will only use the App Store Sourced Application (i) on an Apple-branded product that runs iOS (Apple’s proprietary operating system) and (ii) as permitted by the “Usage Rules” set forth in the Apple App Store Terms of Service.

Subject to the provisions below, Forghetti shall continue to provide you the Service for as long as you are entitled to receive them pursuant to the Third Party Terms. You are aware that unless you terminate the Services according to the Third Party Terms, such terms (and the payment obligations therefor) may provide that the Services, and payment therefor, may "roll-over" for additional terms.

Downloading Apps from iTunes.

The following applies to any App accessed through or downloaded from the Apple App Store (“App Store Sourced Application”):

(a) You acknowledge and agree that (i) this Agreement is concluded between you and Forghetti only, and not Apple, and (ii) Forghetti, not Apple, is solely responsible for the App Store Sourced Application and content thereof. Your use of the App Store Sourced Application must comply with the App Store Terms of Service.

(b) You acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the App Store Sourced Application.

(c) In the event of any failure of the App Store Sourced Application to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price for the App Store Sourced Application to you and, to the maximum extent permitted by applicable law, Apple will have no other warranty obligation whatsoever with respect to the App Store Sourced Application. As between Forghetti and Apple, any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of Forghetti.

(d) You and Forghetti acknowledge that, as between Forghetti and Apple, Apple is not responsible for addressing any claims you have or any claims of any third party relating to the App Store Sourced Application or your possession and use of the App Store Sourced Application, including, but not limited to: (i) product liability claims; (ii) any claim that the App Store Sourced Application fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

(e) You and Forghetti acknowledge that, in the event of any third-party claim that the App Store Sourced Application or your possession and use of that App Store Sourced Application infringes that third party’s intellectual property rights, as between Forghetti and Apple, Forghetti, not Apple, will be solely responsible for the investigation, defence, settlement and discharge of any such intellectual property infringement claim to the extent required by this Agreement.

(f) You and Forghetti acknowledge and agree that Apple, and Apple’s subsidiaries, are third-party beneficiaries of this Agreement as related to your license of the App Store Sourced Application, and that, upon your acceptance of the terms and conditions of this Agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this Agreement as related to your license of the App Store Sourced Application against you as a third-party beneficiary hereof.

(g) Without limiting any other terms of this Agreement, you must comply with all applicable third-party terms of agreement when using the App Store Sourced Application.

In-App Purchases

Premium services may be provided upon the payment of a recurring fee. Amounts payable and the terms and conditions with respect to such payments shall be as set forth in the additional third party (a "Third Party") terms and conditions that govern the application marketplace from which you downloaded the relevant App, such as Apple’s AppStore or Google Play for Android (the "Application Marketplace" and the "Third Party Terms", respectively).

We may incorporate advertisements in an App or any feature of a Service. We do not control such advertisements and cannot guarantee that they are reliable or accurate. Inclusion of advertisements does not mean that we recommend or endorse the goods or services that they offer, and we bear no responsibility for any decision by you to purchase such goods or services.

Payment will be charged to your Store account at the point of confirmation of purchase. Subscriptions automatically renew unless auto-renew is turned off at least 24-hours before the end of the current period. Accounts will be charged for renewal within 24-hours prior to the end of the current period. Subscriptions may be managed by the user and auto-renewal may be turned off by going to the user’s account settings after purchase.

9. OUR INFORMATION

The Services are protected by copyright. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Forghetti trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.

10. COPYRIGHT

We respect the intellectual property of others and ask that you do too. We respond to notices of alleged copyright infringement if they comply with the law, and such notices should be reported via our contact page. We reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers.

11. LIMITATION OF LIABILITY

(THE CUSTOMER’S ATTENTION IS PARTICULARLY DRAWN TO THIS TERM)

This clause sets out the entire financial liability of Forghetti (including any liability for the acts or omissions of its employees, agents, consultants, and subcontractors) to the Client in respect of (i) any breach of the Contract; (ii) any use made by the Client of the Services or any part of them; and (iii) any representation, statement or tortious act or omission (including negligence) arising under or in connection with the Contract.

Nothing in this Agreement limits or excludes the liability of Forghetti (i) for death or personal injury resulting from negligence; or (ii) for any damage or liability incurred by the Client as a result of fraud or fraudulent misrepresentation by Forghetti.

Forghetti will not be liable for (i) loss of profits; (ii) loss of business; (iii) depletion of goodwill and/or similar losses; (iv) loss of anticipated savings; (v) loss of goods; (vi) loss of contract; (vii) loss of use; (viii) loss of corruption of data or information; or (ix) any special, indirect, consequential loss,  or damage.

Forghetti’s total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution or otherwise arising in connection with the performance, or contemplated performance, of its obligations under this Agreement will be limited to the price paid for the Services giving rise to such liability and will not exceed the amount you have paid Forghetti in the past twelve months.

12. INDEMNIFICATION

If anyone brings a claim ("Third Party Claim") against us related to your actions, information, or content on Forghetti, you will, to the extent permitted by law, indemnify and hold the Forghetti harmless from and against all liabilities, damages, losses, and expenses of any kind (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of our Services, including information provided in connection therewith; (b) your breach of our Terms or of applicable law; or (c) any misrepresentation made by you. You will cooperate as fully as required by us in the defence or settlement of any Third Party Claim. Your rights with respect to Forghetti are not modified by the foregoing indemnification if the laws of your country of residence, applicable as a result of your use of our Services, do not permit it.

13. CONFIDENTIALITY

a) The Client shall not reproduce, duplicate, copy, sell, or otherwise disclose or disseminate the results of the Services, except as authorised herein.

b) either party shall publish, disseminate or disclose to any other person, firm, organisation or corporation, and shall protect against disclosure, the other party’s Confidential Information (as hereinafter defined).  

c) Each party agrees to use the other party’s Confidential Information only in connection with its obligations to be performed under this Agreement and shall disclose such information to its employees only on a need to know basis.  Confidential Information shall mean a party’s business and marketing strategies, including but not limited to employee and the Client lists, project plans, design documents, product strategies and pricing data, research, advertising plans, leads and sources of supply, development activities, the Client profiles, and other information of such party which by its nature can be reasonably expected to be proprietary and confidential, whether it is presented in oral, printed, written, graphic or photographic or other tangible form (including information received, stored or transmitted electronically).

d) Confidential Information shall not include any information that is: (i) already in the possession of the receiving party or its subsidiaries; (ii) independently developed by the receiving party or its subsidiaries; (iii) publicly disclosed by the disclosing party; (iv) rightfully received by the receiving party or its subsidiaries from a third party; (v) approved for release by written agreement with the disclosing party; (vi) available by the inspection of products marketed or offered for sale by either party hereto or others in the ordinary course of business; (vii) disclosed pursuant to the requirement or request of a governmental agency or third party to the extent such disclosure is required by operation of law, regulation or court order.

e) he provisions of this section shall survive the termination of this Agreement for a period of five (5) years.

14. TERMINATION

We are always trying to improve our Service. In line with this, we may add or remove our Services, features, functionality and the support of certain devices or platforms. Our Services may be interrupted, including for maintenance, repairs, upgrades, or network or equipment failures. We may discontinue some or all of our Services at any time after a notice period of 30 days, where possible. Events beyond out control may affect our Services, such as events in nature and other events of force majeure.

15. DISCONTINUATION OF SERVICES

Whilst we hope that you remain a Forghetti user, you may terminate your relationship with Forghetti anytime for any reason by deleting your account.

We may decide to discontinue the Services in response to unforeseen circumstances beyond Forghetti’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Information from our systems. If we discontinue Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven't received Services for. If you believe your account’s termination or suspension was in error, please contact us as support@forghetti.com.

16. GENERAL

(a) This Agreement shall be governed by and construed in accordance with English law without regard to conflict of law principles.  Regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services must be filed within one (1) year after such claim or cause of action arose or be forever barred.

(b) If any provision of this Agreement shall be held invalid in a court of law, the remaining provisions shall be construed as if the invalid provision were not included in this Agreement.

(c) If the performance of this Agreement, or any obligation hereunder, except the making of payments, is prevented, restricted, or interfered with by reason of any act or condition beyond the reasonable control of the affected party, the party so affected will be excused from performance to the extent of such prevention, restriction, or interference.

(d) If the performance of this Agreement, or any obligation hereunder, is not executed and/or not executed in full any payments made and/or payments to be made, shall be refunded and/or reduced pro rata.

(e) Neither party accepts any liabilities whatsoever under this Agreement in respect of the other party’s legal position.

17. SERVICES “AS IS”

We strive to provide great Services, but there are certain things that we can't guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, FORGHETTI AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED "AS IS." WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some jurisdictions don’t allow the disclaimers in this paragraph, so they may not apply to you.

18. ENTIRE AGREEMENT

These Terms constitute the entire agreement between you and Forghetti with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.

19. MODIFICATIONS

We may revise these Terms from time to time to better reflect:

(a) changes to the law,

(b) new regulatory requirements, or

(c) improvements or enhancements made to our Services.

If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update's effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you.

If you don’t agree to the updates we make, please cancel your account before they become effective. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.

Last modified: 31st March 2019.