Terms of Service

1. Agreement to Terms

By accessing or using FISM's website and services, you agree to be bound by these Terms of Service. If you do not agree with any provision, do not use FISM. These terms apply to all users globally and comply with:

• UK: Consumer Rights Act 2015, Digital Markets, Competition and Consumers Act 2024
• EU: GDPR, Consumer Rights Directive 2011/83/EU
• US: FTC Regulations on Negative Option Billing, ROSCA, CAN-SPAM Act

We reserve the right to modify these terms with 30 days written notice. Changes are effective immediately for new users, and existing users have 30 days to accept or cancel.

2. Service Description

FISM provides AI-powered automation tools for small and medium enterprises (SMEs), including:

• Post Pilot: AI-generated social media content creation, scheduling across platforms (Facebook, Instagram, LinkedIn, Twitter/X, TikTok), performance analytics, post optimization
• Email Pilot: Email campaign drafting (AI-assisted), recipient list management, SMTP configuration, send scheduling, open/click analytics
• Analytics Dashboard: Campaign performance metrics, audience insights, engagement tracking
• Support: Email support (24-hour response target), knowledge base, feature roadmap

Service Limitations: We do not guarantee viral content or specific engagement metrics. Platform algorithms and user behavior determine actual results.

3. Subscription Plans & Pricing

• Plans: Free, Starter, Growth, Pro (as displayed on fism.bot/pricing)
• Billing Cycles: Monthly or annual subscriptions at the advertised rate
• Price Changes: 30 days written notice before price increases. You have 30 days to cancel if you don't accept the new price
• Currency: All prices displayed in USD unless you select otherwise
• Taxes: You are responsible for any applicable taxes (VAT, GST, sales tax). We collect taxes as required by law

4. Payment Terms & Billing

• Payment Method: We accept credit/debit cards via Stripe. Card details are never stored by FISM; Stripe handles all payments securely
• Renewal: Subscriptions automatically renew on the same date each billing cycle unless canceled
• Failed Payments: If payment fails, we attempt retry for 3 days. If still unsuccessful, we suspend your account
• Duplicate Charges: Report any billing errors within 90 days. We investigate and apply credits/refunds if warranted
• Invoices: Electronic invoices sent to your billing email. Access historic invoices in your account dashboard

5. Non-Refundable Subscription Model

All subscription fees are non-refundable. This applies to:

• Monthly plans: No refunds for unused days in the month
• Annual plans: No refunds for unused months (except legal requirements below)
• Downgrrades: Moving to a cheaper plan mid-cycle receives no credit
• Service outages: Technical downtime (except gross negligence) does not entitle refunds

Legal Exceptions (UK/EU): If you cancel within 14 days of signup (Consumer Contracts Regulations 2013), you may request a full refund by emailing support@fism.bot. This "cooling-off period" applies only to new subscriptions.

CCPA Exception (California): California law may require refunds for certain cancellations. If applicable, we comply.

6. Cancellation & Renewal Reminders

• Easy Cancellation: Cancel anytime from account settings or by emailing support@fism.bot. No questions asked
• Effective Date: Cancellation takes effect at the end of your current billing cycle. You retain platform access until then
• Renewal Reminder (UK/EU/US): We send reminder emails 7 days before renewal with easy one-click cancel link
• 14-Day Cancellation Window (UK/EU): Under Digital Markets Act 2024, you can cancel subscriptions (without penalty) within 14 days of renewal without giving a reason
• Reactivation: Your account data is retained 30 days after cancellation. You can reactivate within this window

7. Acceptable Use Policy

You agree to use FISM only for lawful, legitimate business purposes. You will NOT:

• Create, post, or distribute spam, malware, viruses, or harmful code
• Engage in phishing, fraud, or social engineering attacks
• Post false, defamatory, hateful, or harassing content
• Violate third-party platform terms (Facebook, Instagram, LinkedIn, Twitter, TikTok, email providers)
• Impersonate others or misrepresent your identity or affiliation
• Send unsolicited bulk emails or spam (except legitimate newsletters with opt-in recipients)
• Bypass platform limits (automation, API abuse, credential stuffing)
• Engage in discrimination based on protected characteristics
• Post sexually explicit, pornographic, or illegal content
• Attempt to crack, hack, or reverse-engineer our platform
• Share another user's credentials or access their account

Consequences: Violation may result in account suspension, termination, and potential legal action. We report illegal activities to law enforcement.

8. User Accounts & Security

• Your Responsibility: You are 100% responsible for maintaining confidentiality of your username, password, and API keys
• Authorized Use: You accept full responsibility for all activities under your account, whether authorized by you or not
• Security Best Practices: Use strong, unique passwords; enable two-factor authentication; do not share credentials
• Breach Notification: If you suspect unauthorized access, notify support@fism.bot immediately. We investigate and reset passwords if needed
• Account Deletion: Delete your account anytime. Account data deleted immediately; backup copies retained 30 days then permanently deleted

9. Intellectual Property Rights

• Your Content: You retain all rights to your business content, social media posts, email campaigns, and uploaded materials. We have a license to display/process them to deliver the service
• Our IP: FISM platform, interface, algorithms, codebases, designs, branding, logos remain our exclusive property
• AI-Generated Content: Content our AI generates is yours to use freely (posts, email templates, captions). We retain the right to use anonymized aggregate insights to improve our AI models
• User Feedback: Any feedback, suggestions, or feature requests you provide becomes our property to use without compensation
• Licensing: We grant you a limited, non-exclusive, non-transferable license to use FISM. You may not sublicense, resell, or redistribute our services

10. Third-Party Integrations

• Third-Party Platforms: You use Facebook, Instagram, LinkedIn, Twitter/X, TikTok, etc., at your own risk. Their terms of service apply. We are not responsible for their policies or actions
• Platform Restrictions: FISM cannot guarantee content acceptance or posting success. Platforms may shadow-ban, throttle, or reject posts based on their algorithms
• API Changes: If third-party APIs change, we may need to update or discontinue features. We notify you of major changes with reasonable notice
• Platform Compliance: You are responsible for complying with third-party platform terms. FISM is not liable for account suspensions or policy violations

11. Service Availability & SLA

• Uptime Target: We aim for 99% platform uptime, but do not guarantee it
• Maintenance Windows: Planned maintenance (usually weekends, 2-4 hours) with 48-hour notice
• Outages: Unplanned outages are rare. Critical issues are logged and resolved with priority
• No Liability for Downtime: We are not liable for scheduled maintenance, force majeure, or third-party provider outages
• No Service Credits: FISM does not offer service credits or refunds for uptime shortfalls

12. Data Backup & Loss

• Backups: We maintain encrypted backups of platform data. Data retention policies detailed in Privacy Policy
• Your Backup Responsibility: You are responsible for downloading/backing up your content. We recommend regular exports of campaigns
• Data Loss: We are not liable for data loss due to: user error, failed third-party providers, force majeure, or platform outages
• Permanent Deletion: After account deletion, data is permanently removed and cannot be recovered. Keep copies before deletion

13. Limitation of Liability

To the fullest extent permitted by applicable law, FISM shall not be liable for:

• Loss of revenue, profits, business opportunity, or data
• Indirect, incidental, special, consequential, or punitive damages
• Platform downtime, service interruptions, or degradation
• Content rejected or removed by third-party platforms
• Third-party platform policy violations or account suspensions
• Delays in email delivery or social posting (timing not guaranteed)
• Poor post performance, low engagement, or engagement rates below expectations
• Poor campaign results or failure to generate leads/sales
• Mistakes in content, typos, or factual errors in your campaigns

Maximum Liability: Our total liability is capped at the fees you paid in the last 12 months. In jurisdictions where liability caps are unenforceable, liability is limited to direct damages only.

14. Indemnification

You agree to indemnify, defend, and hold harmless FISM from any claims, damages, or legal fees arising from:

• Your use of the service in violation of these terms
• Your violation of third-party platform terms
• Content you create, post, or send (defamation, infringement, etc.)
• Your breach of any law or regulation
• Violations of third-party intellectual property rights

15. Warranty Disclaimer

FISM is provided "AS IS" without warranties. We disclaim all warranties, express or implied, including:

• Merchantability or fitness for a particular purpose
• Non-infringement or freedom from defects
• Uninterrupted or error-free service
• Guaranteed posting success or engagement metrics

Some jurisdictions do not allow warranty disclaimers. In such cases, statutory warranties apply to the extent permitted by law.

16. Account Termination by FISM

We may suspend or terminate your account immediately if you:

• Violate these Terms or our Acceptable Use Policy
• Engage in illegal activity or fraud
• Repeatedly violate third-party platform terms
• Harass or threaten our employees or other users
• Post hate speech, explicit content, or malicious materials
• Exceed rate limits or abuse API access
• Fail payment for 3+ consecutive billing cycles

Process: We attempt to notify you with 5 days to cure violations. If uncured, account termination follows. Your data is deleted 30 days after termination unless you request recovery.

17. Email & Compliance

• CAN-SPAM Compliance: You agree to comply with CAN-SPAM Act (US), GDPR email rules (EU), and PECR (UK)
• Double Opt-In: Recipients must have opted into your email list; FISM does not provide email lists
• Unsubscribe Requirement: All emails must include unsubscribe links. You are responsible for processing unsubscribe requests within 10 days (CAN-SPAM requirement)
• No Spam: You will not send unsolicited bulk emails through FISM
• Deliverability: We are not liable for emails landing in spam folders. Email reputation depends on sender history

18. Contact & Support

Support Channels:

• Email: support@fism.bot (24-hour response target for account issues)
• Contact form: fism.bot/contact
• Knowledge base: fism.bot/help
• Status page: status.fism.bot (platform availability)

Response Times: We aim to respond within 24 hours for critical issues, 48 hours for general support.

19. Referral & Affiliate Program

• Eligibility: Any user can participate by sharing their unique referral code
• Commissions: Referrer receives a discount on next billing cycle for each referred customer who signs up and completes their first payment
• Payment: Referral rewards applied as account credits within 30 days of referred customer's first payment
• Fraud: We reserve the right to cancel referral rewards if we detect fraudulent signups, fake accounts, or policy violations

20. Dispute Resolution & Governing Law

• Informal Resolution (First): Before legal action, contact support@fism.bot to resolve disputes informally
• Governing Law: These Terms are governed by and construed in accordance with the laws of the United Kingdom
• Jurisdiction (UK/EU): Disputes are resolved in the courts of the United Kingdom. You consent to jurisdiction
• Jurisdiction (US): For California users, disputes may be subject to California law and arbitration clauses (upon request)

21. Entire Agreement

These Terms, plus the Privacy Policy, constitute the entire agreement between you and FISM. They supersede all prior agreements or understandings. If any provision is found unenforceable, that provision is modified to the minimum extent necessary to enforce it, and the remainder remains in effect.

22. Severability & Remedies

If any provision violates local law, it is reformed to comply. If reformation is impossible, that provision is severed without affecting other terms. You agree that:damages remedies are limited and equitable in nature; you waive punitive or class action damages; any action must be brought within 1 year of the claim arising.

23. Changes to These Terms

We may update these Terms with 30 days written notice. Continued use after changes indicates acceptance. Existing users have 30 days to cancel if they don't accept new terms. Critical changes (payment terms, liability limits) require explicit reacceptance.

24. Contact for Legal Notices

For Legal Notices, Complaints, or Formal Requests:

• Email: legal@fism.bot
• Form: Use fism.bot/contact and select "Legal Issue"
• All legal notices must include: Your name, account email, specific issue, and requested remedy