Terms & Conditions

TERMS & CONDITIONS

foundmi App Terms & Condition

By accessing and/or using the applications and services provided by foundmi, which is wholly owned by Bioworld Merchandising Inc., you hereby are accepting and agreeing to abide by the terms and conditions established below (hereon referred to as "T&C"). We may modify the T&C at any time, at our own discretion. If you continue using the App & Services provided after being notified that the T&C have been modified, you are agreeing to be bound by the modified T&C. If you don't agree to the modified T&C then you are not eligible to use the Apps & Services. Due to the constant evolving nature of our products and services, we may modify or discontinue any or all parts of the App & Services without the necessity of notifying any party.

License

Subject to your compliance with T&C, foundmi grants you a limited license that is both non-exclusive and non-transferable. This license only grants permission to download and install a copy of our mobile software (the "App & Services") on a mobile device that you own or have permission to install and operate a copy of the App & Services and use our App & Services solely for your own personal purposes as long as they remain non-commercial. The rights to the App & Services and services not granted to you under the T&C. The following activities are strictly prohibited: (i) copying, modifying or creating derivative works based on the App & Services; (ii) distribution, transferring, sublicensing or lending and/or renting the App & Services to any party without prior consent from foundmi; (iii) attempting to reverse engineer, decompile or disassemble the App & Services in any fashion; or (iv) disseminating the functionality of the App & Services provided to additional users.

Policies for Downloading the foundmi App & Services

When you download from either the Apple Store (App store or iTunes) or Google Play you hereby acknowledge and consent that:

These Terms are concluded between you (the “User”) and foundmi (the “Service Provider”), and not with the App Store, and that the Service Provider (not the App Store), is the sole party responsible for the App & Services.
The App Store has no duty to furnish any repairing or support with regards to the foundmi app nor is the App Store responsible for anything related to warranty claims.
The App Store has no duty to address any claims you have relating to our App & Services, claims include the following: product liability, consumer protection, intellectual property infringement, or any claim that you believe infringes on legal requirements. All claims must be addressed directly to foundmi.
The App Store directly benefits from these Terms and has our expressed right to administer these Terms against any party that accesses our App & Services through their App Store. Additionally, all users of our App & Services must also observe the App Store's terms of service.

Creating Account

In order to access distinct services of our App & Services, the user must have a registered account with foundmi.

By creating an account, you represent that

(a) all required information you provide is truthful and accurate;

(b) you are of legal age to agree to these Terms;

(c) your use of our Services does not violate any applicable law or regulation or these Terms. You are responsible for maintaining the confidentiality of your password and for any and all use of your account. You should notify us immediately if you suspect any unauthorized use of your account or access to your password.

You may not

(a) use the account or username of any other user;

(b) allow someone else to use your account or username; or

If you violate these Terms, we reserve the right to issue you a warning, suspend or even terminate your account (along with your ability to access and use the App & Services). By creating an account, you agree to the following terms and conditions of use:

Privacy

You agree to the foundmi Privacy Policy. To read our Privacy Policy in its entirety please visit https://foundmi.com/pages/privacy-policy. Our Privacy Policy details how we collect, use and disclose third party and user information gained and received through the App & Services.

Alerts and Notifications

As part of the functionality of the App & Services, you may (if enabled) receive a variety of notifications such as push notifications, SMS messages, alerts, emails, or other types of messages not explicitly mentioned, directly sent to your device but not always within the App & Services (hereby referred to as “Notifications”). The control over the Notifications settings is completely your jurisdiction as you can elect or deny these Notifications, and can opt in or out of these Notifications through the settings of the App & Services and/or your device. Please be cognizant of your messaging plans with all third parties such as your wireless carriers as some Notifications are not exempt from charges. You are held accountable for the content, such as any text, images, and other material/information, that you decide to upload or post on or through or about the App & Services (your "Content"), and additionally you are responsible for its legality, reliability, and appropriateness. You should only upload or post Content for which you are the creator and have the granted right to use and disseminate. By uploading or posting your Content you thereby grant us the right and license to store, reproduce, modify, create derivative works of, publish, distribute, transfer, transmit, publicly display, publicly perform, and use your Content in connection with providing the App & Services. You agree that we can also make your Content available to other users of the App & Services, who may view and/or use your Content, subject to the Terms & Conditions.

Enforcement

We have the right (but are not required) to assess your Content and delete (or alter) any of your Content from the App & Services for any reason, whether or not your Content does not meet our criteria of T&C and/or violates the T&C. Additionally if we believe your Content threatens the well-being of, or harms any other person, or creates liability for us or any other entity (including a person), we reserve the right (but have no obligation) to investigate and take appropriate action, including deleting or altering, your Content from our App & Services, suspending or terminating your account and/or suspending or terminating the provision of the App & Services to you, and/or reporting you to law enforcement authorities if deemed necessary based on the violation of the T&C. In order to comply with requests from government, legal authorities, subpoenas or court orders, and in the effort to protect our systems, integrity, service providers, partners, other users and operations, we may access and disclose any information or content we consider necessary which may include but not limited to the following: account details (i.e. name, e-mail address, etc.), IP address and traffic information, usage history, your Content, and your conduct.

General Prohibitions

You agree not to do any of the following:

Use the App & Services or Content for any commercial function or for the benefit of any third party or in any fashion not allowed by the Terms & Conditions;
Use the App & Services to track the location of, or collect any personal information from, any other person other than yourself without their express permission;
Intercept (commonly referred to as "sniff") the communication packets between the foundmi hardware and mobile devices
Make any attempt to reverse engineer the foundmi Bluetooth Low Energy profile or foundmi protocol;
Access, corrupt with, or use private areas of the App & Services, foundmi’s computer systems, or the technical delivery systems, such as the servers, of foundmi’s providers;
Make any attempt to interfere with, the access of any other user, host or network, including but not limited to, sending a virus, flooding, spamming, over-loading or conducting malicious activities such as “mail-bombing” the App & Services;
Attempt to access or search the App & Services or download content from the App & Services through the use of any tool, device, mechanism or method (including spiders, robots, crawlers, data mining tools or the like) other than the software and/or search agents provided by foundmi or other third-party web browsers;
Submit or disseminate any content on the App & Services that:

(i) infringes, misappropriates or violates an existing patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, including rights of publicity or privacy;

(ii) violates, or encourages any behavior that would violate an existing regulation or has the possibility of resulting in a civil liability;

(iii) is fraudulent, false, misleading or deceptive;

(iv) is defamatory, obscene, pornographic, vulgar or offensive;

(v) promotes prejudice, bigotry, racism, hatred, harassment or damage against any individual or group;

(vi) is violent, threatening or indirectly promotes violence

(vii) promotes illegal or harmful activities or substances;

Violate any applicable law or regulation while using the App & Services; or
Encourage or enable any other individual to do any of the foregoing.

Copyright Policy

It is our policy to discard, or disable access to, material that infringes on any copyright or on our App & Services this can happen before or after we have been notified by the copyright owner or the copyright owner's legal agent. If there is belief that you, the user, has had your work copied and posted on or through the App & Services in a way that constitutes copyright infringement, please contact us at info@foundmi.com with the following details clearly established:

A signature of the person authorized to act on behalf of the owner of the material with the copyright interest (signature can be digital or physical)
An identification and description of the copyrighted work that you claim has been infringed along with details of the location where within our App & Services the material you claim is infringing.
Personal contact information which must include: your full legal name, your address, personal telephone number, and e-mail address;
A written declaration by you that you possess good faith belief that the disputed use is not currently authorized by the copyright owner, its agent, or legal precedent;
A statement by you, made under penalty of perjury, that the all the information mentioned above in your notice is truthful and that you are without doubt the copyright owner or authorized to act on the copyright owner's behalf.

Third Party Links

The App & Services is allowed to contain links to content or services provided by third parties ("External Links"). These External Links are not under our mandate, and we are not liable for their content, services, performance, operation, availability, business practices, policies or any aspect not directly related to the foundmi. These External Links are provided to you, the user, as a convenience. There is not any endorsement or recommendation implied in regard to their content or services, nor any association of us with such third parties. If you access any of these External Links, you assume all risk and any charges or obligations incurred as a result of interacting with External Links, are your liability. The websites available through the External Links are subject to their own rules including privacy and data collection policies.

Ownership

You hereby concede that all intellectual property rights in the App & Services, including but not limited to in its entirety to the underlying software and technology and the information and content available on the App & Services, are wholly owned by us and our suppliers which includes other users, and are protected by law throughout the world. All suggestions, ideas, feedback, or recommendations to us regarding the App & Services ("User Feedback"), we may use this User Feedback for any purpose we deem fit and without being obliged to the User in any fashion. By providing us with User Feedback, you give us a geographic restriction free, perpetual, irreversible, fully-paid and royalty-free license to use and exploit the User Feedback in any manner.

Termination

You may terminate your account at any time by deleting your account or by providing notice of termination to us. foundmi reserves the right to terminate or suspend your account or your access to any or all portions of the App & Services at any time without advance notice especially upon violation of our T&C. After an account is terminated for any reason, all rights and licenses pardoned to you in these through T&C immediately stop. If your account or access to the App & Services is terminated or suspended because you violated T&C, you will not be entitled to a monetary refund or any surviving rights to access any of the foregoing or your account.

Disclaimer of Warranty for App & Services

foundmi will with reasonable efforts correct any discovered or reported defects in the App & Services. However, access and use between you and our App & Services is taken at your own risk. We are not held, in any fashion, responsible for the content provided by, or the conduct of, any user. The entirety of the risk associated with using the App and Product is born by users. Our App & Services is provided on an "AS IS" and "AS AVAILABLE" basis and we do not represent, warrant, or guarantee that the App and Product will function uninterrupted, error-free, virus-free, or that defects will or can be corrected. TO THE MAXIMUM EXTENT GRANTED BY ALL APPLICABLE LAWS, WE DENY ALL WARRANTIES REGARDING THE APP & SERVICES, WHETHER EXPRESSED, IMPLIED, OR STATUTORY, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR ANY PARTICULAR PURPOSE, OR NON-INFRINGEMENT. If applicable law requires any warranties with respect to our App & Services, all such warranties are limited in duration to thirty (30) days from the date of your first use or the minimum duration allowed by law.

Limitation of Liability

EXCEPT TO THE EXTENT OF LEGAL REQUIREMENTS, WE WILL NOT BE LIABILE FOR ANY LOST PROFITS, REVENUES, DATA, AND COST OF SUBSTITUTE GOODS, SERVICES, OR ANY INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES. REGARDLESS OF THE THEORY OF LIABILITY, RELATED TO OR ARISING OUT OF THESE TERMS OR YOUR PERSONAL USE OF THE PRODUCTS, APP & SERVICES. REGARDLESS, IF WE HAVE BEEN ADVISED BY LAW AS TO THE POSSIBILITY OF SUCH DAMAGES. OUR TOTAL LIABILITY FOR ANY CLAIM RELATED TO OR COMING OUT OF THESE TERMS OR YOUR USE OF THE PRODUCTS, APP & SERVICES, IS LIMITED TO A MAXIMUM OF THE AMOUNT PAID BY YOU FOR THE PRODUCT IN THE 12 MONTHS PRIOR TO THE CLAIM BEING.

Exclusions

To our knowledge, there are some jurisdictions that do not allow the exclusion of certain warranties or the exclusion or the limitation of liability for consequential or incidental damages. In those jurisdictions the above exclusions or limitations may not apply to you. Please consult your personal legal advisor if you have any doubts or concern in this regard.

General Provisions

The T&C comprise the entire arrangement between foundmi and the user with respect to the App & Services and overrides any and all prior understandings and agreements. The T&C will be governed by and interpreted in accordance with the laws of the State of Texas. All legal disputes regarding you use of the App & Services shall be exclusively resolved in the Federal and State courts of Dallas, Texas. You hereby agree to and waive any dispute to this venue. If any part of the T&C is determined to be invalid or unenforceable by a court of competent jurisdiction, that provision will be enforced to the maximum extent permissible and the remaining provisions of these T&C will remain in full force and effect.

Contacting Us

If you have any questions about the Terms & Conditions established in this document, please contact us at info@foundmi.com .