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Terms and Conditions

Last Updated: December 6, 2023

Welcome to fm365, a product developed and published by Kivita (“Company,” “we,” “us,” or “our”). These Terms and Conditions (“Terms”) govern your use of the fm365 mobile application (“App”) available on the Apple App Store and our website at kivitapps.com.

By downloading, installing, or using the fm365 App, you (“User,” “you,” or “your”) agree to be bound by these Terms. If you do not agree to these Terms, please do not download, install, or use our App.

1. About the Service

fm365 is a mobile application designed to [describe the main purpose/functionality of the app]. The App is provided by Kivita, a company registered under applicable laws. Our website kivitapps.com provides information about our products and services.

The fm365 App is distributed through the Apple App Store and is subject to Apple’s Terms of Service and App Store Review Guidelines.

2. License to Use

Subject to your compliance with these Terms, Kivita grants you a limited, non-exclusive, non-transferable, revocable license to use the fm365 App for your personal, non-commercial purposes on devices that you own or control.

You must not:

  • Copy, modify, distribute, sell, lease, sublicense, or otherwise exploit the fm365 App
  • Decompile, reverse engineer, disassemble, or attempt to derive the source code of the fm365 App
  • Use the fm365 App for any illegal or unauthorized purpose
  • Remove or modify any copyright, trademark, or other proprietary notices from the fm365 App

3. User Accounts and Data

To use certain features of the fm365 App, you may be required to create an account. You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

You agree to:

  • Provide accurate, current, and complete information during registration
  • Update your information to keep it accurate, current, and complete
  • Accept responsibility for all activities under your account
  • Notify us immediately of any unauthorized use of your account

4. Privacy and Data Protection

Your privacy is important to us. Our collection and use of personal data is governed by our Privacy Policy, which is incorporated into these Terms by reference. By using the fm365 App, you consent to the collection and use of your data as described in our Privacy Policy.

The fm365 App may collect certain information automatically, including but not limited to device information, usage data, and diagnostic information to improve our services.

5. Intellectual Property Rights

The fm365 App, including but not limited to its design, text, graphics, images, software, and other content, is owned by Kivita and is protected by copyright, trademark, and other intellectual property laws.

All trademarks, service marks, and trade names used in the fm365 App are the property of Kivita or their respective owners.

6. App Store Distribution

The fm365 App is distributed through the Apple App Store. You acknowledge and agree that:

  • These Terms are between you and Kivita only, not Apple Inc.
  • Apple Inc. is not responsible for the fm365 App or its content
  • Your use of the fm365 App must comply with Apple’s App Store Terms of Service
  • Apple Inc. has no obligation to provide maintenance or support for the fm365 App

7. Paid Features and Subscriptions

The fm365 App may offer paid features or subscriptions. If you choose to purchase such features:

  • Payment will be processed through your Apple ID account
  • All sales are final and non-refundable unless otherwise specified
  • Subscription fees are charged in advance on a recurring basis
  • You may manage your subscriptions through your Apple ID settings

8. Disclaimers and Limitation of Liability

The fm365 App is provided on an “AS IS” and “AS AVAILABLE” basis. We make no representations or warranties of any kind, express or implied, regarding the operation or availability of the fm365 App.

To the maximum extent permitted by law, Kivita shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, or use, arising out of or in connection with these Terms or the fm365 App.

Our total liability under these Terms shall not exceed the amount paid by you, if any, for using the fm365 App.

9. Termination

We may, at our sole discretion, suspend or terminate your access to the fm365 App at any time, with or without cause or notice, which may result in the forfeiture and destruction of all information associated with your account.

Upon termination, your right to use the fm365 App will cease immediately. All provisions of these Terms which by their nature should survive termination shall survive.

10. Governing Law and Dispute Resolution

These Terms shall be governed by and construed in accordance with the laws of Vietnam, without regard to its conflict of law principles.

Any dispute arising from or relating to these Terms or the fm365 App shall be resolved through negotiation in good faith. If the dispute cannot be resolved, it shall be finally settled by the competent courts of Vietnam.

11. Changes to These Terms

We reserve the right to modify these Terms at any time. If we make material changes, we will notify you by updating the App and posting the new Terms on our website kivitapps.com. Your continued use of the fm365 App after such modifications constitutes your acceptance of the updated Terms.

12. Contact Information

If you have any questions about these Terms, please contact us at:

Kivita
Website: kivitapps.com
Email: [contact email address]

13. Severability

If any provision of these Terms is found to be unenforceable or invalid, that provision will be limited or eliminated to the minimum extent necessary so that the remaining Terms will remain in full force and effect.

14. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Kivita concerning the fm365 App and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.