Terms & Conditions

Last updated: 01-15-2024

Welcome to the Terms & Conditions (the “T&Cs”) for the website provided by Ficus Technologies Inc. (“Company“, “we”, “us”, or “our”).

These T&Cs constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you” or “User”), and us concerning your access to and use of the https://ficustechnologies.com/ (the “Website”). By accessing and using the Website, you acknowledge that you’ve read, understood, and consented to comply with all the terms of these T&Cs. Please read these T&Cs carefully, as they include important information about your rights. IF YOU DO NOT AGREE WITH THESE T&Cs, YOU MUST NOT PROCEED TO USE THE WEBSITE.

We reserve the right hereby to (1) monitor the Website for violations of these T&Cs; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these T&Cs, including without limitation, reporting such user to law enforcement authorities; and (3) otherwise manage the Website in a manner designed to protect our rights and property and to facilitate the proper functioning of the Website.

User Representations
By using the Website, you represent and warrant that: (1) you have the legal capacity, and you agree to comply with these T&Cs; (2) you are not a minor as the Website intended for users who are at least 18 years of age; (3) you will not access the Website through automated or non-human means, whether through a bot, script, or otherwise; (5) you will not use the Website for any illegal or unauthorized purpose; and (6) your use of the Website will not violate any applicable law or regulation.

Content And Intellectual Property Rights
1. The Rights We Own
  The Website, all its source code, databases, functionality, software, website designs, text, articles, photographs, and graphics on the Website (collectively, the “Content”), as well as trademarks, service marks, and logos contained therein (the “Marks”), are owned or controlled by us or licensed to us and are protected by copyright and trademark laws.
  The Content and the Marks are provided on the Website “AS IS” solely for your information and personal non-commercial use. Except as expressly provided in these T&Cs, no part of the Website and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without our express prior written permission.
2. DMCA Notice
  If you believe that any materials or works uploaded, downloaded, or appearing on the Website in a way that constitutes copyright infringement, please notify us at [email protected] as outlined in the Digital Millennium Copyright Act of 1998 (the “DMCA“). The text of DMCA may be found on the U.S. Copyright Office website at: www.copyright.gov/legislation/dmca.pdf. For your complaint to be valid under the DMCA, you must provide the following information in writing:
  1. An electronic or physical signature of a person authorized to act on behalf of the copyright owner;
  2. Identification of the copyrighted work that you claim has been infringed;
  3. Identification of the material that is claimed to be infringing and where it is located on the Website;
  4. Information reasonably sufficient to permit us to contact you, such as your address, telephone number, and e-mail address;
  5. A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or law; and
  6. A statement, made under penalty of perjury, that the above information is accurate, and that you are the copyright owner or are authorized to act on behalf of the owner.
  7. Upon receipt of the notice as described above, we will take whatever action, in our sole discretion, it deems appropriate, including removal of the challenged content from the Website.

Restrictions on Your Use of The Website
You may not access or use the Website for any purpose other than that for which we make the Website available. The Website may not be used in connection with any commercial intentions except those that are specifically endorsed or approved by us.
As a user of the Website, you agree not to:
- Systematically retrieve data or other content from the Website to create or compile, directly or indirectly, a collection, compilation, database, or directory without written permission from us.
- Trick, defraud, or mislead us and other users.
- Circumvent, disable, or otherwise interfere with security-related features of the Website, including features that prevent or restrict the use or copying of any Content or enforce limitations on the use of the Website and/or the Content contained therein.
- Disparage, tarnish, or otherwise harm, in our opinion, us and/or the Website.
- Use any information obtained from the Website to harass, abuse, or harm another person.
- Submit false reports of abuse or misconduct.
- Use the Website in a manner inconsistent with any applicable laws or regulations.
- Upload or transmit (or attempt to upload or to transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Website or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Website.
- Engage in any automated use of the system, such as using scripts to send messages, or using any data mining, robots, or similar data gathering and extraction tools.
- Delete the copyright or other proprietary rights notice from any Content.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms”).
- Interfere with, disrupt, or create an undue burden on the Website or the networks or services connected to the Website.
- Harass, annoy, intimidate, or threaten any of our employees or independent contractors engaged in providing any portion of the Website and corresponding services to you.
- Attempt to bypass any measures of the Website designed to prevent or restrict access to the Website, or any portion of the Website.
- Copy or adapt the Website’s software, including but not limited to Flash, PHP, HTML, JavaScript, or other code.
- Decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Website.
- Except as may be the result of the standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Website, or using or launching any unauthorized script or other software.
- Make any unauthorized use of the Website by electronic or other means to send unsolicited email, by automated means, or under pretenses.
- Use the Website as part of any effort to compete with us or otherwise use the Website and/or the Content for any revenue-generating endeavor or commercial enterprise.

Privacy and Confidentiality
1. Data Privacy
  We care about your data privacy and security. We will maintain certain data that you transmit to the Website to manage the performance of the Website, as well as data relating to your use of the Website. Although we perform routine backups of data, you are solely responsible for all data that you transmit or that relates to any activity you have undertaken using the Website. You agree that we shall have no liability to you for any loss or corruption of any such data, and you hereby waive any right of action against us arising from any such loss or corruption of such data.
  For more information about our data protection practices, please review our Privacy Statement: https://ficustechnologies.com/privacy-statement/
2. Confidentiality
  The records are regarded as confidential and therefore will not be divulged to any third party, other than our employees, and if legally required to do so to the appropriate authorities. We will not sell, share, or rent your personal information to any third party or use your e-mail address for unsolicited mail. Any emails sent by us will only be in connection with the provision of agreed services and your subscriptions.

Disclaimers
THE WEBSITE IS PROVIDED ON AN “AS-IS” AND “AS-AVAILABLE” BASIS. YOU AGREE THAT YOUR USE OF THE WEBSITE AND OUR SERVICES WILL BE AT YOUR SOLE RISK. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, IN CONNECTION WITH THE WEBSITE AND YOUR USE THEREOF. WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE ACCURACY OR COMPLETENESS OF THE WEBSITE’S CONTENT OR THE CONTENT OF ANY WEBSITES LINKED TO THE WEBSITE AND WE WILL ASSUME NO LIABILITY OR RESPONSIBILITY FOR ANY (1) ERRORS, MISTAKES, OR INACCURACIES OF CONTENT AND MATERIALS, (2) PERSONAL INJURY OR PROPERTY DAMAGE, OF ANY NATURE WHATSOEVER, RESULTING FROM YOUR ACCESS TO AND USE OF THE WEBSITE, (3) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SECURE SERVERS AND/OR ANY AND ALL PERSONAL INFORMATION AND/OR FINANCIAL INFORMATION STORED THEREIN, (4) ANY INTERRUPTION OR CESSATION OF TRANSMISSION TO OR FROM THE WEBSITE, (5) ANY BUGS, VIRUSES, TROJAN HORSES, OR THE LIKE WHICH MAY BE TRANSMITTED TO OR THROUGH THE WEBSITE BY ANY THIRD PARTY, AND/OR (6) ANY ERRORS OR OMISSIONS IN ANY CONTENT AND MATERIALS OR FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF THE USE OF ANY CONTENT POSTED, TRANSMITTED, OR OTHERWISE MADE AVAILABLE VIA THE WEBSITE.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE T&Cs, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE WEBSITE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE T&Cs OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE WEBSITE, WITHOUT WARNING, AT OUR SOLE DISCRETION.

Limitations Of Liability
IN NO EVENT WILL WE OR OUR DIRECTORS, EMPLOYEES, INDEPENDENT CONTRACTORS OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFIT, LOST REVENUE, LOSS OF DATA, OR OTHER DAMAGES ARISING FROM YOUR USE OF THE WEBSITE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Indemnification
You agree to defend, indemnify, and hold us harmless, including our subsidiaries, affiliates, and all of our respective officers, agents, partners, employees, and independent contractors from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of (1) use of the Website; (2) breach of these T&Cs; (3) any breach of your representations and warranties outlined in these T&Cs; or (4) your violation of the rights of a third party, including but not limited to intellectual property rights.

Miscellaneous Provisions
1. Modifications and Alterations
  We reserve the right to change, modify, or remove the contents of the Website at any time or for any reason at our sole discretion without notice. We also reserve the right to change, revise, update, suspend, discontinue, or otherwise modify all or part of the Website without notice at any time.
  You agree that we have no liability whatsoever for any loss, damage, or inconvenience caused by your inability to access or use the Website during any downtime or discontinuance of the Website. Nothing in these T&Cs will be construed to obligate us to maintain and support the Website or to supply any corrections, updates, or releases in connection therewith.
2. California Users or Residents
  If you are a California resident, under Cal. Civ. Code § 1789.3, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs by contacting them in writing at 1625 North Market Blvd., Suite N 112 Sacramento, CA 95834, or by telephone at (800) 952-5210.
3. Severability
  If any provision of these T&Cs shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these T&Cs and shall not affect the validity and enforceability of any remaining provisions.
4. Entire Agreement
  These T&Cs constitute the entire agreement between the parties regarding the use of the Website and will supersede all prior agreements between the parties whether written or oral. No usage of trade or other regular practice or method of dealing between the parties will be used to modify, interpret, supplement, or alter these T&Cs.
5. Waiver
  The failure of a party to require performance of any provision will not affect that party’s right to require performance at any time thereafter, nor will a waiver of any breach or default of these T&Cs or any provision of these T&Cs constitute a waiver of any subsequent breach or default or a waiver of the provision itself.
6. Governing law and jurisdiction
  These T&Cs and your use of the Website are governed by and construed under the laws of the United States, State of Delaware without reference to the principles of conflicts of law. Any disputes will be subject to the jurisdiction of the courts of the United States, State of Delaware.

Changes And Contact Details
Please note that these T&Cs may change from time to time. We recommend you check this page regularly to keep up-to-date.If you have any questions regarding these T&Cs or use of the Website, please contact us by email at: [email protected].