Terms of Service

Welcome to Fiscility, operated by Fiscility LLC, located at 5830 E 2nd St, Ste 7000 #17150, Casper, Wyoming 82609 US. By using the website located at https://fiscility.com, the related mobile website, and the mobile application (collectively, the "Websites"), you agree to be bound by these Terms of Service (this "Terms of Service" or "Agreement"), whether or not you register as a member of Fiscility ("Member"). If you wish to become a Member and/or make use of the service (the "Service"), please read this Agreement. If you object to anything in this Agreement or the Fiscility Privacy Policy, do not use the Service.

This Agreement is subject to change by Fiscility at any time, effective upon posting on the relevant website. Your continued use of the Websites and the Service following Fiscility posting of revised terms of any section of the Agreement will constitute your express and binding acceptance of and consent to the revised Agreement.

PLEASE READ THIS AGREEMENT CAREFULLY AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS, INCLUDING VARIOUS LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.

Electronic Agreement

This Agreement is an electronic contract that sets out the legally binding terms of your use of the Websites and the Service. This Agreement may be modified by Fiscility from time to time, such modifications to be effective upon posting by Fiscility on the Websites. By accessing and/or using the Websites or becoming a Member, you accept this Agreement and agree to the terms, conditions and notices contained or referenced herein.

Access and Retention

In order to access and retain this electronic Agreement, you must have access to the Internet, either directly or through devices that access web-based content, and pay any service fees associated with such access. In addition, you must use all equipment necessary to make such connection to the World Wide Web, including a computer and modem or other access device. Please print a copy of this document for your records.

Commercial Use of Service

If you are using the Service and/or accessing the Websites on behalf of a company, entity, or organization (collectively, a "Subscribing Entity"), you represent and warrant that:

• You are an authorized representative of the Subscribing Entity, and that you have the authority to bind the Subscribing Entity to this Terms of Service
• You have read and understand this Terms of Service
• You agree to this Terms of Service on behalf of the Subscribing Entity

Prohibited Uses

Illegal and/or unauthorized uses of the Websites include, but are not limited to:

• Browsing or downloading illegal content
• Collecting usernames and/or email addresses of members by electronic or other means for the purpose of sending unsolicited email
• Unauthorized framing of or linking to the Websites
• Sharing or disclosing your username or password to any third party
• Attempting to impersonate another user or person
• Use of the Websites in any fraudulent or misleading manner
• Any automated use of the system, such as scraping the Websites, automated scripts, spiders, robots, crawlers, data mining tools or the like
• Interfering with, disrupting, or creating an undue burden on the Websites or the networks or services connected to the Websites

Account Security

You are responsible for maintaining the confidentiality of the username and password that you designate during the registration process, and you are fully responsible for all activities that occur under your username and password. You agree to immediately notify Fiscility of any unauthorized use of your username or password or any other breach of security, and ensure that you exit from your account at the end of each session.

Your Use of the Websites

Content Restrictions

You must not use the Websites to upload, post, store, transmit, display, copy, distribute, promote, make available or otherwise communicate to the public:

• Any Content that is offensive, abusive, libelous, defamatory, obscene, racist, sexually explicit, ethnically or culturally offensive, indecent, that promotes violence, terrorism, or illegal acts
• Any information that violates, plagiarizes, misappropriates or infringes the rights of third parties
• Any Content that violates, breaches or is contrary to any law, rule, regulation, court order or is otherwise illegal
• Any material containing viruses, malware, or other harmful components
• Any unsolicited or unauthorized advertising, promotional messages, spam or any other form of solicitation

Representations and Warranties

You hereby represent and warrant to Fiscility that your Content is original work by you or you have obtained all necessary rights, licenses, consents and permissions to use such Content. Your Content does not and will not infringe or violate the rights of any third party, including intellectual property rights, performers' rights, rights of privacy or publicity, or rights in confidential information.

Term and Termination

This Agreement will remain in full force and effect while you use the Websites and/or Service. You may terminate your membership and/or subscription at any time by contacting us at hello@fiscility.com.

Fiscility may terminate your membership and/or subscription for any reason by sending notice to you at the email address you provide. If Fiscility terminates your membership because you have breached this Agreement, you will not be entitled to any refund of unused subscription fees.

Proprietary Rights

Fiscility retains all proprietary rights in the Websites and the Service. The Websites contains copyrighted material, trademarks, and other proprietary information of Fiscility and its licensors. Except where we have given you express written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

Copyright Policy

Fiscility prohibits the submission or posting of any information that infringes or violates the copyright rights and/or other intellectual property rights of any person or entity.

Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement should be sent by certified mail to:

Limitation of Liability

IN NO EVENT SHALL FISCILITY BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR RELATING TO THE WEBSITES OR SERVICE, OR USE THEREOF.

The content and functionality on the Websites and the services provided are offered "as is" without warranty of any kind, either express or implied, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Indemnity

You agree to indemnify and hold Fiscility, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to your use of the Service and/or Websites in violation of this Agreement.

Jurisdiction and Choice of Law

If there is any dispute arising out of the Websites and/or the Service, by using the Websites and/or Service, you expressly agree that any such dispute shall be governed by the laws of the State of Wyoming, without regard to its conflict of law provisions, and you expressly agree and consent to the exclusive jurisdiction and venue of the state and federal courts of the State of New York, for the resolution of any such dispute.

Arbitration Provision/No Class Action

Except where prohibited by law, as a condition of using the Websites and/or Service, you agree that any and all disputes, claims and causes of action arising out of or connected with the Websites and/or Service, shall be resolved individually, without resort to any form of class action, exclusively by binding arbitration under the rules of the American Arbitration Association.

Contact

Please contact us with any questions regarding this agreement at hello@fiscility.com.