End-User License Agreement ("Agreement")

Please read this End-User License Agreement carefully before clicking the "I Agree" button, downloading or using Ferrer Digital Agency.

Interpretation and Definitions

Interpretation

The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.

Definitions

For the purposes of this End-User License Agreement:

Agreement means this End-User License Agreement that forms the entire agreement between You and the Company regarding the use of the Application.

Application means the software program provided by the Company downloaded by You to a Device, named Ferrer Digital Agency

Company (referred to as either "the Company", "We", "Us" or "Our" in this Agreement) refers to Ferrer Digital Agency LLC, corporation Trust Center ( CT Corporation ), 1209 North Orange Street, Wilmington, Delaware 19801-1120, United States.

Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.

Country refers to: Delaware, United States

Device means any device that can access the Application such as a computer, a cellphone or a digital tablet.

Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.

You means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.

Acknowledgment

By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download or do not use the Application.

This Agreement is a legal document between You and the Company and it governs your use of the Application made available to You by the Company.

The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.

You represent that you are over the age of 18. The Company does not permit those under 18 to use the Service.

License

Scope of License

The Company grants You a revocable, non-exclusive, non-transferable, limited license to download, install and use the Application strictly in accordance with the terms of this Agreement.

The license that is granted to You by the Company is solely for your personal, non-commercial purposes strictly in accordance with the terms of this Agreement.

User Authorization

Users are explicitly prohibited from engaging in the following actions:

Selling: Users are strictly forbidden from selling, transferring, or otherwise engaging in commercial transactions involving the application.

Transmitting: Users are not permitted to transmit, distribute, or share the application to others for any form of exchange, whether commercial or non-commercial.

Hosting: Under no circumstances should users host the application on any platform, server, or network without explicit authorization.

Commercial Exploitation: Users are prohibited from exploiting the application for any commercial gain, including but not limited to advertising, sponsorship, or revenue generation.

Replicating or Utilizing Subscription: Users are expressly restricted from copying, reproducing, or using the subscription for any purposes other than personal, non-commercial use.

Altering: Users must refrain from modifying, adapting, or making derivative works of the application in any manner without prior consent.

Decrypting: Reverse engineering, decrypting, or attempting to access the source code of the application is strictly prohibited.

User-generated contributions

The Services do not offer users the ability to submit or post content. We may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or through the Services, including, among other things, text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other materials (collectively, "Contributions"). Contributions may be visible to other users of the Services and through third-party websites. As such, any Contributions you transmit may be treated in accordance with the Services' Privacy Policy. By creating or making available any Contribution, you represent and warrant that:

- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe and do not and will not infringe the rights of ownership, including, among others, copyrights, patents, trademarks, trade secrets, or moral rights of third parties.

- You are the creator and owner of the Contributions or have the licenses, rights, consents, authorizations, and permissions necessary to use and authorize us, the Services, and other users of the Services to use your Contributions in any manner provided by the Services and by these Legal Terms.

- You have the written consent, authorization, and/or permission of each identifiable person in your Contributions to use the name or likeness of each identifiable person to enable the inclusion and use of your Contributions in any manner provided by the Services and by these Legal Terms.

- Your Contributions are not false, inaccurate, or misleading.

- Your Contributions are not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailing, or other forms of solicitation.

- Your Contributions are not obscene, indecent, lascivious, lewd, violent, harassing, defamatory, slanderous, or otherwise objectionable (as determined by us).

- Your Contributions do not ridicule, mock, scorn, intimidate, or abuse anyone.

- Your Contributions are not used to harass or threaten (in the legal sense of these terms) any other person and to promote violence against a specific person or class of people.

- Your Contributions do not violate any applicable law, regulation, or rule.

- Your Contributions do not violate the privacy or publicity rights of any third party.

- Your Contributions do not violate any applicable law relating to child pornography or intended to protect the health or welfare of minors.

- Your Contributions do not include any offensive comments related to race, national origin, gender, sexual preference, or physical disability.

- Your Contributions do not violate or are linked to material that violates any provision of these Legal Terms or any applicable law or regulation.

Any use of the Services in violation of the above violates these Legal Terms and may result, among other things, in the termination or suspension of your rights to use the Services.

Service management

We reserve the right, but not the obligation, to: (1) monitor the Services for violations of these Legal Terms; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Legal Terms, including, without limitation, reporting such user to law enforcement; (3) in our sole discretion and without any limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technically feasible) any of your Contributions or any part thereof; (4) in our sole discretion and without any limitation, take warning or responsibility, remove the Services, or otherwise disable all files and content that are excessive in size or that in any way overload our systems; and (5) otherwise manage the Services to protect our rights and property and to facilitate the proper functioning of the Services.

Use of Comments and Suggestions

We highly value user feedback and input to improve our application. By providing comments, suggestions, or ideas, users grant us the unrestricted right to utilize and incorporate this feedback into our development process without the need for compensation or attribution.

Third-Party Services

The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third-party websites or services.

You acknowledge and agree that the Company shall not be responsible for any Third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any Third-party Services.

You must comply with applicable Third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties' Terms and conditions.

United States Legal Compliance

You represent and warrant that (i) You are not located in a country that is subject to the United States government embargo, or that has been designated by the United States government as a "terrorist supporting" country, and (ii) You are not listed on any United States government list of prohibited or restricted parties.

For European Union (EU) Users

If You are a European Union consumer, you will benefit from any mandatory provisions of the law of the country in which You are resident.

Users and California residents

If any claim against us is not resolved to your satisfaction, you may contact the Complaint Assistance Unit of the Department of Consumer Affairs' Consumer Assistance Division in California by writing to 1625 North Market Blvd., Suite N 112, Sacramento, California 95834, or by calling (800) 952-5210 or (916) 445-1254.

Privacy policy

We care about data privacy and security. Please review our privacy policy. By using the Services, you agree to be bound by our Privacy Policy, which is incorporated into these Legal Terms. Please note that the Services are hosted in the United States. If you access the Services from another region of the world with laws or other requirements governing the collection, use, or disclosure of personal data that differ from applicable laws in the United States, then by your continued use of the Services, you will transfer your data to the United States, and you expressly consent to the transfer and processing of your data in the United States.

Collection of Personal Information

In the course of using our application, we may collect certain personal information from users to enhance user experience, provide personalized services, and ensure application functionality. This may include but is not limited to email addresses, names, and profile information.

Product Claims

The Company does not make any warranties concerning the Application.

App Store Availability

The application will be made available for download and access exclusively through reputable app stores, specifically the Apple App Store or Google Play Store.

Risks of Unauthorized Downloads:

Downloading the application from unauthorised sources poses significant security risks, including exposure to malware and compromised data security. It is strongly advised that users only download the application from the official Apple App Store or Google Play Store to ensure the integrity and security of their devices and data.

Please be aware that downloading the application from unauthorised sources may result in:

Malware and Viruses: Applications downloaded from untrustworthy sources may contain malware, spyware, or other types of viruses, compromising the security of the device and the data stored within.

Security Vulnerabilities: Unofficial applications may contain undetected security flaws, exposing the user's device to hackers and other cyber threats.

Lack of Updates: By downloading from unauthorised sources, users may miss out on important security updates and features, leaving their devices more susceptible to vulnerabilities.

Regular Updates, Modifications and interruptions

We reserve the right to change, modify, or remove the content of the Services at any time or for any reason, at our sole discretion, without prior notice. However, we have no obligation to update any information on our Services. We shall not be liable to you or any third party for any modification, price change, suspension, or discontinuance of the Services.

We cannot guarantee that the Services will be available at all times. We may have hardware, software, or other issues or need to perform maintenance related to the Services, which may result in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Services at any time or for any reason, without prior notice to you. You agree that we have no responsibility for any loss, damage, or inconvenience caused by your inability to access or use the Services during any downtime or interruption of the Services. Nothing in these Legal Terms shall be interpreted as requiring us to maintain and support the Services or to provide any corrections, updates, or releases in connection with them.

Intellectual property rights

Our Intellectual Property

We own or hold all intellectual properties in our Services, including all source code, databases, functionality, software, website designs, audio, video, text, photographs, and graphics in the Services (collectively, the "Content"), as well as the trademarks, service marks, and logos contained therein (the "Marks").

Our Content and Marks are protected by copyright and trademark laws (and other intellectual property laws and unfair competition laws) and treaties in the United States and worldwide.

The Content and Marks are provided in the Services "AS IS" for personal, non-commercial use or internal business use only.

Your Use of Our Services

Subject to compliance with these Legal Terms, including the 'Prohibited activities' section below, we grant you a non-exclusive, non-transferable, and revocable license to:

- access the Services; and

- download or print a copy of any part of the Content to which you have proper access.

- solely for your personal, non-commercial use or internal business use.

Except as provided in this section or elsewhere in our Legal Terms, no part of the Services and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or exploited in any commercial manner without our prior written consent.

If you wish to make any use of the Services, Content, or Marks that is not set out in this section or elsewhere in our Legal Terms, please submit your request to: ferreragency@protonmail.com. If we grant you permission to post, reproduce, or publicly display any part of our Services or Content, you must identify us as the owners or licensees of the Services, Content, or Marks and ensure that any copyright or ownership notice is displayed or is visible in the publication, reproduction, or display of our Content.

We reserve all rights not expressly granted to you in the Services, Content, and Marks.

Any violation of these Intellectual Property Rights will constitute a material breach of our Legal Terms, and your right to use our Services will be terminated immediately.

Prohibited activities

You may not access or use the Services for any purpose other than the one for which we provide the Services. The Services may not be used in connection with any commercial undertaking, except those that are specifically endorsed or approved by us.

As a user of the Services, you agree not to:

- Systematically retrieve data or other content from the Services to create or compile, directly or indirectly, a collection, compilation, database, or directory without our written permission.

- Deceive, defraud, or mislead us and other users, especially in any attempt to obtain confidential account information, such as user passwords.

- Circumvent, disable, or otherwise interfere with the security features of the Services, including features that prevent or restrict the use or copying of any Content or impose limitations on the use of the Services and/or the Content contained in them.

- Defame, disparage, or otherwise harm, in our opinion, us and/or the Services.

- Use any information obtained from the Services to harass, abuse, or harm another person.

- Misuse our support services or send false reports of abuse or misconduct.

- Use the Services in a manner inconsistent with any applicable laws or regulations.

- Engage in unauthorized framing or linking to the Services.

- Upload or transmit (or attempt to upload or transmit) viruses, Trojans, or other material, including excessive use of capital letters and spam (continuous posting of repetitive text), that interferes with the uninterrupted use and enjoyment of the Services by any party or alters, impairs, disrupts, modifies, or interferes with the use, features, functions, operation, or maintenance of the Services.

- Engage in any automated use of the system, such as using scripts to post comments or messages, or using any data collection and extraction tools, data mining, or similar robots.

- Remove the copyright notice or other property rights of any Content.

- Attempt to impersonate another user or person or use another user's username.

- Upload or transmit (or attempt to upload or transmit) any material that acts as a means of collecting or transmitting information, including, among other things, clear graphic exchange formats ('gifs'), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as 'spyware' or 'passive collection mechanisms' or 'pcms').

- Interfere, disrupt, or create an excessive burden on the Services or on the networks or services connected to the Services.

- Harass, annoy, intimidate, or threaten any of our employees or agents involved in providing any part of the Services to you.

- Attempt to bypass any measures of the Services intended to prevent or restrict access to the Services or any part of the Services.

- Copy or adapt the software of the Services, including, but not limited to, Flash, PHP, HTML, JavaScript, or other code.

- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software that makes up or is part of the Services.

- Except as a result of the standard use of the search engine or web browser, use, launch, develop, or distribute any automated system, including, without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Services, or use or launch any unauthorized script or other software.

- Use a shopping agent to make purchases on the Services.

- Make any unauthorized use of the Services, including collecting user names and/or email addresses of users by electronic or other means for sending unsolicited emails or creating user accounts by automated means or under false pretenses.

- Use the Services as part of any effort to compete with us or use the Services and/or the Content for any revenue-generating undertaking or business.

- Sell or transfer your profile in any other way.

Applicable law

These Legal Terms are governed and construed in accordance with the laws of the United States, State of Delaware, expressly excluding the application of the United Nations Convention on Contracts for the International Sale of Goods. If your habitual residence is in the EU and you are a consumer, you will also have the protection afforded to you by the mandatory provisions of the law of your country of residence. We and you agree to submit to non-exclusive jurisdiction, meaning that you may file a claim to assert your consumer protection rights in relation to these Legal Terms in the United States.

Disputes Resolution

Dispute resolution

If you have a concern or dispute about the Service, you agree to first attempt to resolve the dispute informally.

Informal Negotiations

To expedite the resolution and control the cost of any dispute, controversy, or claim related to these Legal Terms (each a "Dispute" and collectively, the "Disputes") brought by you or by us (individually, a "Party" and collectively, the "Parties"), the Parties agree to first attempt to negotiate any Dispute (except those Disputes expressly provided below) informally for at least thirty (30) days before initiating arbitration. Such informal negotiations commence upon the submission of a written notice by one Party to the other Party.

Binding Arbitration

Any disputes arising from the relationship between the Parties under these Legal Terms shall be resolved by a single arbitrator to be chosen in accordance with the Arbitration Rules and Internal Regulations of the Delaware State Arbitration Tribunal in the United States, as in effect at the time of filing for arbitration, and the adoption of this clause constitutes acceptance. The language of the proceedings shall be English. The applicable substantive law shall be the law of the state of Delaware, United States.

Limitations

The Parties agree that any arbitration shall be limited to the Dispute between the Parties individually. To the fullest extent permitted by law, (a) no arbitration shall be joined with any other; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilize class action procedures; and (c) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

Exceptions to Informal Negotiations and Binding Arbitration

The Parties agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (a) any Disputes related to the protection, enforcement, or validity of any of the Parties' intellectual property rights; (b) any Disputes related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any request for injunctive measures. If it is determined that this provision is illegal or unenforceable, neither Party will elect to arbitrate any Dispute falling within that portion of this provision found to be illegal or unenforceable and such Dispute shall be decided by a court of competent jurisdiction within the courts listed for jurisdiction above, and the Parties agree to submit to the personal jurisdiction of that court.

Governing law

The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Application may also be subject to other local, state, national, or international laws.

Corrections

There may be information on the Services that contains typographical errors, inaccuracies, or omissions, including descriptions, prices, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update information on the Services at any time, without prior notice.

Severability and Waiver

Severability

If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under these Terms shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Term and Termination

This Agreement shall remain in effect until terminated by You or the Company. The Company may, in its sole discretion, at any time and for any or no reason, suspend or terminate this Agreement with or without prior notice.

This Agreement will terminate immediately, without prior notice from the Company, in the event that you fail to comply with any provision of this Agreement. You may also terminate this Agreement by deleting the Application and all copies thereof from your Device or from your computer.

Upon termination of this Agreement, You shall cease all use of the Application and delete all copies of the Application from your Device.

Termination of this Agreement will not limit any of the Company's rights or remedies at law or in equity in case of breach by You (during the term of this Agreement) of any of your obligations under the present Agreement.

Indemnification

You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable attorneys' fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.

No Warranties

The Application is provided to You "AS IS" and "AS AVAILABLE" and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the Company, on its own behalf and on behalf of its affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Application, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.

Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv) that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, timebombs or other harmful components.

Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law. To the extent any warranty exists under law that cannot be disclaimed, the Company shall be solely responsible for such warranty.

Limitation of Liability

Notwithstanding any damages that You might incur, the entire liability of the Company and any of its suppliers under any provision of this Agreement and your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You for the Application or through the Application or 100 USD if You haven't purchased anything through the Application.

To the maximum extent permitted by applicable law, in no event shall the Company or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Application, third-party software and/or third-party hardware used with the Application, or otherwise in connection with any provision of this Agreement), even if the Company or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.

Some states/jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.

Severability and Waiver

Severability

If any provision of this Agreement is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.

Waiver

Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Agreement shall not affect a party's ability to exercise such right or require such performance at any time thereafter nor shall the waiver of a breach constitute a waiver of any subsequent breach.

Changes to this Agreement

The Company reserves the right, at its sole discretion, to modify or replace this Agreement at any time. If a revision is material we will provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at the sole discretion of the Company.

By continuing to access or use the Application after any revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, You are no longer authorized to use the Application.

Translation Interpretation

These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.

Changes to These Terms and Conditions

We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days' notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.

By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.

Electronic communications, transactions, and signatures

By visiting the Services, sending us emails, and filling out online forms, you are making electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and through the Services, satisfy any legal requirement that such communication be in writing. YOU HEREBY AGREE TO THE USE OF ELECTRONIC SIGNATURES, CONTRACTS, ORDERS, AND OTHER RECORDS, AS WELL AS TO ELECTRONIC DELIVERY OF NOTICES, POLICIES, AND RECORDS OF TRANSACTIONS INITIATED OR COMPLETED BY US OR THROUGH THE SERVICES. You waive any rights or requirements under any statutes, regulations, rules, ordinances, or other laws in any jurisdiction that require an original signature or the delivery or retention of non-electronic records or that payments or the granting of credits by any means other than electronic means.

Entire Agreement

These Legal Terms and any policies or operational rules we post on the Services or in connection with the Services constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision of these Legal Terms shall not constitute a waiver of such right or provision. These Legal Terms operate to the fullest extent permissible by law. We may assign any or all of our rights and obligations to others at any time. We shall not be responsible for any loss, damage, delay, or failure to act caused by any cause beyond our reasonable control. If any provision or part of a provision of these Legal Terms is deemed unlawful, void, or unenforceable, that provision or part of the provision shall be deemed severable from these Legal Terms and shall not affect the validity and enforceability of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us as a result of these Legal Terms or use of the Services. You agree that these Legal Terms will not be construed against us by virtue of having been drafted by us. You hereby waive any defenses you may have based on the electronic form of these Legal Terms and the lack of a signature by the parties hereto.

Contact Us

If you have any questions about this Agreement, You can contact Us:

By email: ferreragency@protonmail.com

By visiting this page on our website: https://www.famarketing.io/get-in-touch