Terms and Conditions

Fetzerhaus (FH) Technology License Agreement



Welcome to Fetzerhaus (FH) Technology

Before you get started, we need to have a quick chat about terms. These terms explain your legal rights and responsibilities when using our software and services.

Things to remember while you read this . . .

1. When you see a word in bold, it will have the same meaning every time it’s used in this document.

2. By clicking an acceptance button, installing, or using the software and services (whether provided by us or one of our partners), you’re agreeing to these terms. If you don’t agree or follow the rules they lay out, you can’t use the software and services.

3. When we say . . . Fetzerhaus (FH) Technology, we, our or us, this means the Fetzerhaus (FH) Technology entity that provides the software and services in your region.

4. When we say . . . you or your, this means you or the business or company you’re authorized to represent.

5. If you live in the US, you won’t want to miss our binding arbitration clause and the class action waiver. They outline some very important points about how we resolve disputes.

What about my privacy?

We’re big fans of privacy protection, but we do need to know some of your personal details before you can use the software and services. Make sure to read our Privacy Notice so you understand how and why we collect, use, and share your personal data through our websites, products and services and how you can exercise your rights on your data.

What can I do with Fetzerhaus (FH) Technology’s software and services?

When you purchase our software and services, you’re getting a limited license. This means we, our partners and suppliers still own all the rights to the software and services. We’re allowing you to use them according to these terms.

If your license is for personal use:

You get a license for the software and services you’ve subscribed to, that belongs to you, and only you. You can’t transfer that license to anyone else.

We’re allowing you to use your license:

For as long as you continue to pay any applicable fees for your subscription or until the subscription ends

For the length of time you chose when you made your purchase or, if you didn’t choose a subscription length, one year.

On the number of devices, for the number of users you chose when you made your purchase. If you didn’t choose, you can only use your license on one device for one user.

If your devices and operating systems meet our requirements. It’s up to you to make sure your devices are kept up to date and meet those requirements. (It’s good security practice to keep your devices up to date, too.)

If you’re using your license for small business:

You get a license for the software and services you’ve subscribed to, just like in the terms as above. The only difference is, only people employed by the small business may use the software and services and only for internal business operations.

You must make sure to register each license you purchase, using the same email address as in your account profile. If you purchase new licenses using that email address, we will make sure they have the same renewal date as the licenses you first purchased. We will automatically pro-rate the cost to reflect the shorter initial term of the new licenses. Additional licenses you purchase using a different email address not associated with your account will be for the term you purchased, without a discount.

What about free software and services?

Sometimes, we offer software and services free of charge, like an additional feature in a paid subscription, a pre-release, beta software or a courtesy service that may be in an experimental phase. The terms in this agreement apply to free software and courtesy services too, unless we’ve said otherwise. Some limitations may apply, and we’ll let you know what these are when we make the free software or courtesy services available to you. You can use free software and courtesy services for as long as we provide them to you.

What about minors?

You must comply with the law when using our software and services. If the product you purchase includes tracking features, you may only use them to track and monitor children if you have a legal right to do so. That means you must be a parent, legal guardian or have other legal authorization.

What can’t I do with Fetzerhaus (FH) Technology’s software and services?

Our rights as owners or licensors of the software and services are protected by law. This means if you do something, like the following examples, your subscription will probably be canceled, and we might need to take further action. You don’t want that. Here are some examples: Don’t…

try to figure out the source-code, including by reverse engineering or decompiling the software or services;

make any modifications to the software or services;

commercialize the software or services, including by selling, lending or renting them;

use a pirated version of the software or services;

create any product or service based on the software or services;

transfer the software or services to anyone else, including by sub-licensing or assigning them;

use the software or services to do anything illegal;

publish or make copies of the software (other than backups);

interfere with anyone else’s use of the software or services;

try to get around any technical protection measures in the software and services;

exceed any applicable content storage or bandwidth limitations;

use a multi-user product to track and monitor any other person without their consent;

install the software or services on more devices than you are permitted to, (including by failing to delete the software or services from a device before you sell or transfer ownership of it); or

continue to use the software or services after your rights to use the software or services have expired or been terminated.

Technical support

For software and services that qualify for technical support, you’ll receive the standard support offering for the length of your paid subscription. Check your receipt when you buy your software or services to see if your purchase qualifies. Our standard support offerings, policies and procedures may change from time to time and vary by country.

How do updates to Fetzerhaus (FH) Technology software and services work?

We regularly release upgrades, enhancements and modifications to our software and services (updates). Once an update becomes available, we may stop supporting the previous version of the software or services. To make sure you can use new features we develop, you agree to let us install updates in the background while you do other things. We may also provide updates for free software and courtesy services, but we are not obligated to.

What happens when Fetzerhaus (FH) Technology discontinues software, services, or features?

From time to time we may discontinue or remove certain software, services or particular features of the software or services. When we stop offering it for purchase, download, or renewal, it reaches end of sale and you won’t be able to renew your subscription after the end of sale date. Sorry, but in order to make new and better things, sometimes we have to stop supporting older products. We also have to make changes to features of the software and services if required by third party platforms and software that are outside of our control.

Payment and automatic renewal

If you purchased your software from Fetzerhaus (FH) Technology and not from a third party, when you share your payment information (credit or debit card or other payment type) with us, you are authorizing us (or, our authorized partner) to charge your payment type for the initial purchase amount, as well as any subscription renewals.

Updating your payment details

If any of your payment details change (like card number or expiry date) please let us know as soon as possible so we can continue to provide the software and services when it comes time for renewal.

Sometimes we may receive updated credit or debit card information from your card issuer or the card network, which we’ll use to update your payment details automatically. We may also retry failed payments to complete transactions, including by retrying failed cards by extending expiration dates. You consent for us to charge your payment type using the updated details.

How does automatic renewal work?

If you purchased your software from Fetzerhaus (FH) Technology and not from a third party, your paid subscription will be automatically renewed at the end of its term, unless you’ve decided not to enroll in or have opted-out of automatic renewal. We’ll email you in advance to let you know that your subscription is due for renewal and will charge your payment type within 30 days before the subscription is due to end. The amount charged will be the price of the software or services at the time of renewal, which might be different to the amount you originally paid. It is your responsibility to ensure the email address on your account is up-to-date. If your software or services have been renamed, upgraded or replaced with a new offering we’ll provide the new offering at no more than its renewal price at the time of your renewal, provided it has reasonably comparable features. If automatic renewal doesn’t apply in your location, we will state this at the time of purchase.

Price Changes.

Fetzerhaus (FH) Technology may change the price you pay for the Software or Services at any time after the introductory period (if applicable) and for any of the following reasons: legal or regulatory reasons; improvements to the services we offer or new features; or in response to market factors such as changes in taxes, inflation, currency fluctuations or changes in infrastructure or administrative costs.

How do I turn off automatic renewal?

If you don’t want to continue your subscription, you can turn off automatic renewal at any time by logging in to your My Account Page or contacting Customer Service. Be sure to do this more than 30 days before your subscription term expires so your payment type isn’t charged for your next renewal. Remember, if you turn off or don’t enroll in automatic renewal, you won’t be able to access premium features that we offer to subscribers of our automatic renewal service. If you forget to turn off automatic renewal you have 60 days after you’re charged to request a refund and cancel your subscription. Our Refund Policy forms part of these terms and provides details on what is refundable and how to submit a request, so make sure you read them.

When does this agreement officially end?

This agreement will end when your right to access the software and services expires or is ended by us or you. After it ends, you’re not allowed to use the software and services anymore and you must permanently delete the software and services from your devices.

Can I cancel my subscription?

Of course, you can, but you’ll be giving up all the online protection we provide. If you’re absolutely sure, you can cancel your subscription any time before it’s expiry date. Check our Refund Policy before you cancel though, because you may not qualify for a full refund. If you don’t qualify, the good news is you’ll be able to keep using the software and services until the end of the cancelled paid subscription period.

Will my subscription be suspended or cancelled if I break the terms of this agreement?

Yes. If you violate this agreement or any of the additional terms and conditions that apply, we’ll have to suspend or end your use of the software or service. When we end it, we may also close your account.

What happens to my data after this agreement ends?

We delete all your stored or backed-up content (information, text, files, links, images and all other materials you provide to us) in accordance with our internal policies after you have deleted or uninstalled your software. You’re responsible for storing and backing-up your content before termination. Hard drive and cloud storage space is cheap, so don’t forget!

Guarantees and disclaimers

30 Day Money Back Guarantee
In the first 30 days of your purchase, you can decide to cancel your subscription for any reason and ask us for a refund of the amount you paid. Additional remedies may be available in the country in which you purchased the Fetzerhaus (FH) Technology software, and some are outlined at the end of this document.

Attacks on Data
Security breaches might involve attacks on your data. For example, viruses and other malware might delete, destroy, alter or encrypt data and files on your device. If this happens, you could lose access to your data and files. You agree that it is your responsibility to back-up and store all data and files on your devices so you can safely restore them, if you need to. As we mentioned earlier in these Terms, hard drive and cloud storage space is cheap. You should back up your important files to a reputable online data storage service and do it often. We’re not liable for any lost or damaged files or interruptions as a result of attacks on your data.

High risk activities
The software and services are not fault-tolerant and are not designed or intended for high-risk activities such as use in hazardous environments requiring failsafe performance, including nuclear-facilities operations, air traffic communication systems, weapons systems, direct life-support machines, or any other application in which the failure of the software or services could lead directly to death, personal injury, or severe physical or property damage. We do not make any express or implied warranty of fitness for high-risk activities. 

Limitation of liability

Our liability and that of our affiliates, suppliers, licensors or other third-party service providers to you, under or in connection with these terms, is (a) limited to the price you paid for the applicable software or services for the subscription term during which the event or circumstance giving rise to the liability occurred, or USD$100 in respect of free software; and (b) excludes any liability to you for any: (i) indirect, special, incidental, or consequential loss or damage, including loss of profits, loss of goodwill, loss of personnel salaries, work stoppage, computer failure or malfunction or loss of data; or (ii) theft of personally identifiable information.

We make no warranties, representations, express or implied, in relation to the software or services, including warranties or conditions of merchantability, performance, satisfactory quality, fitness for purpose, title, and non-infringement. The software and services are provided "as is". You are responsible for selecting the software and services to achieve your intended results and for installing and using the software or service. We do not warrant or guarantee the software or services’ use or performance. We do not warrant or guarantee that the software or services’ operation will be failsafe, uninterrupted, or free from errors or defects, that the software or services will protect against all possible security threats, or that there will be no malfunctions or other errors in the software or services caused by virus, infection, worm or similar malicious code not introduced or developed by us. We are not liable for any downtime or service interruption, for any lost or stolen data or systems, or for any other damages arising out of or relating to any actions or intrusions.

You agree that the limitations of liability and disclaimers in this section reflect the fee charged for the software and services, which would be higher without these limitations. Nothing in this agreement limits any rights you may have under existing consumer-protection statutes or other applicable laws that may not be waived in your jurisdiction, including those specifically mentioned in the local law section.

Some general housekeeping

What happens when Fetzerhaus (FH) Technology makes changes to these terms?

Sometimes we make changes to these terms and post them to our website. If you don’t agree to any of the changes you can end your subscription by not renewing, as outlined above, and uninstalling the software. If you renew your subscription, you accept the most recent version of these terms. If you’ve accepted more than one version, the most recent version will replace all older versions.

For free software and services, you accept changes to these terms by continuing use the free software and services. If you don’t agree to any of the changes, you must stop using the service and uninstall the free software.

Can I give Fetzerhaus (FH) Technology my feedback?

We love to receive your feedback about the software and services. Keep in mind that we’ll use it without restriction.

What about data charges?

You’re responsible for paying all data and mobile charges associated with using the software and services.

What country’s laws apply to these terms?

It’s no secret that different countries have different consumer laws. Use of the software and services and any claims will be subject to:

the laws of the state of New York, or if the laws of the state of New York are found not to apply, then the laws of the state of Delaware,

the laws of the Province of Ontario, Canada, if you acquired the software and services in Canada;

the laws of New South Wales, Australia if you acquired the software and services in Asia, Australia, New Zealand and Oceania, excluding Japan;

the laws of Japan if you acquired the software and services in Japan (but excluding its choice of law rules);

The national laws of the country where you acquired the software and services if acquired in the European Union, Iceland, Norway or Switzerland;

No matter which local law applies, the following will always be excluded:

conflict of law principles;

The United Nations Convention on Contracts for the International Sale of Goods; and

the Uniform Computer Information Transactions Act.

What if there’s a dispute?
Most disputes can be resolved informally by contacting Customer Service. If we are unable to reach an agreement to resolve the dispute, our preference is to resolve any disputes through arbitration. If you live in the United States, however, you agree to resolve all disputes relating to this agreement through arbitration or in small claims court, as we explain in more detail in the “Binding arbitration and class action waiver” section below.

Export control
The software and services are subject to export controls under the U.S. and local country laws. You agree that you will not directly or indirectly export, transmit, permit access or use of the software or services and their related documentation and technical data to an individual, entity, or country to which export, transmission or access is restricted by export control laws, without the required authorization of the Bureau of Industry and Security of the U.S. Department of Commerce or other governmental entity with jurisdiction over export or transmission. You will not use, transfer or access any Fetzerhaus (FH) Technology products for end use relating to any nuclear, chemical or biological weapons, missile technology, or the military end use or for a military end user per 15 CFR Part 744.21 unless authorized by the U.S. or relevant local government by regulation or specific license. If we receive notice that a user is or becomes identified as a sanctioned or restricted party under applicable law, we will not be obligated to perform any of our obligations under these terms if it would result in violation of the sanctions or restrictions. Additional information regarding exporting and importing Fetzerhaus (FH) Technology products may be found here, as updated from time to time.

Complete agreement
These terms are the entire agreement between you and us relating to your use of the software and services. These terms supersede any prior agreements or terms between you and us in relation to the software and services, and any other communications, representations, or advertising relating to them.

Translated versions
We provide versions of these terms translated from English for your convenience only. If there is any difference in meaning or interpretation between a translated version and the English version, the English version applies.

No waiver
We will only waive a provision of these terms in a signed document.

Licensing entities
The software and services are licensed to you by one of these legal entities:

Fetzerhaus (FH) Technology, LLC, an Indiana company, with offices located at 10255 Commerce Drive, Carmel, Indiana 46032, USA.

Fetzerhaus (FH) Technology contact information

Customer Service & Technical Support: http://fetzerhaus.com/support
Disputes:
Attn: Fetzerhaus (FH) Technology Legal Department
3800 S Tamiami Trail, Suite 209

Sarasota, Florida 34239

Fetzerhaus (FH) Technology Website
You agree to comply with the Fetzerhaus (FH) Technology Website Terms of Service, which are incorporated into these terms.


Disputes

Binding arbitration and class action waiver

This clause applies to U.S. customers.

Agreement to arbitrate 
You and Fetzerhaus (FH) Technology agree that any claim or dispute arising out of or relating to this agreement (claim) will be resolved by confidential binding arbitration governed by the Federal Arbitration Act. This includes claims made by us, by you, on your behalf or by persons connected with you or us, such as employees, subsidiaries and successors.

You and we agree that no class action or other collective, consolidated, or representative action may be asserted by arbitration, court or otherwise. All claims, whether in arbitration or otherwise, must be brought solely in your or Fetzerhaus (FH) Technology’s individual capacity, and not as a plaintiff or class member in any purported class or collective proceeding. We and you waive the right to initiate or participate in a class action or litigate a claim in court before a judge or jury.

Notice of dispute 
Before initiating arbitration, a party must give the other party 60 days’ advance written notice. Notices to us should be addressed: Fetzerhaus (FH) Technology, 3800 S Tamiami Trail, Suite 209, Sarasota, FL 34239, Attention: Legal Department. The notice must include your name, address, and contact information, the facts giving rise to the dispute, and the relief requested. You and we must use reasonable efforts to resolve any dispute through informal negotiation within 60 days from the date the notice of dispute is sent. After 60 days, either party may commence arbitration if the dispute is unresolved. These notice obligations do not modify the statute of limitations applicable to any claim. 

Administration of arbitration 

There will be a single, neutral arbitrator, who will be either a lawyer admitted to practice in the relevant jurisdiction with at least 10 years’ experience, or a retired judge selected in accordance with the rules of the American Arbitration Association (AAA), who will be bound by the terms of this agreement. 

The arbitration rules (Commercial Arbitration Rules or Consumer Arbitration Rules of the AAA), as modified by this agreement will apply. 

All arbitration proceedings will be conducted in English. 

Except for claims or counter-claims seeking less than US$25,000, the arbitrator will issue a reasoned written decision sufficient to explain the essential findings and conclusions on which the award is based and the award will be confidential and only disclosed as is necessary to obtain judgment or as otherwise required by law. 

Costs
The Filing fee is payable by whoever initiates the arbitration. If an award is made in your favor we will reimburse you the filing fee if paid by you. We may reimburse or advance you the filing fee or other expenses if we are satisfied there is good reason to do so (e.g. you cannot afford the fees). The arbitration rules will apply in respect of all other fees and expenses and each party will bear its own legal costs and expenses, unless the arbitrator determines otherwise.

Small Claims Court option
If you are an individual consumer, you may choose to resolve your claim in small claims court in your county of residence or in Santa Clara County, California if you meet the court’s requirements. 

Preservation of provisional remedies
Despite this arbitration clause, we will still be free to resort to self-help remedies or seek injunctive relief, attachment or garnishment orders at any time.  

Conflicting terms
This arbitration agreement will prevail over any conflicting terms in the arbitration rules or any other applicable arbitration terms. If any part of this arbitration agreement is deemed invalid or unenforceable it will not invalidate the other provisions of the arbitration agreement; provided, however, that (a) if the prohibition on class-wide arbitration is deemed invalid, then this entire arbitration agreement will be null and void; and (b) if the prohibition on arbitration of representative claims brought in a private attorney general capacity is deemed invalid, then the arbitration agreement will be null and void as to such claims only. 

Waiver of jury trial
If for any reason a claim proceeds in court rather than through arbitration, you and we agree that there will not be a jury trial. You and we unconditionally waive any right to trial by jury in any dispute that in any way relates to or arises out of the agreement or from any software or services.   In the event of litigation, this paragraph may be filed to show a written consent to a trial by the court. This paragraph in no way invalidates the agreement to arbitrate disputes. 

For European Union Customers 
Online Dispute Resolution Service (ODR) & Alternative Dispute Resolution (ADR). We are required by law to provide a link from our website to the EU ODR Platform: https://ec.europa.eu/info/live-work-travel-eu/consumers/resolve-your-consumer-complaint. We are not obligated to use ADR should you have a complaint with us. If you do have a complaint with us which we cannot resolve using our internal complaints handling procedures, we will contact you by letter or email about whether we are prepared to submit to ADR. You may contact us through our website.

Last Updated: October 20, 2021