Terms of Service

Last updated August 21, 2022

Welcome to Foment's Terms of Service (the "Terms"). Foment is operated by CitizenLever LLC ("us", "we", the "Company", or "Foment") and together you and CitizenLever LLC form the "Parties."

If you have any questions, concerns, or comments about the Terms please send them to support@foment.app.

We will try to respond to all inquiries within 24 hours.

Acceptance of the Terms

By using the Foment application (the "Service") you agree to be bound by these Terms of Service and our Privacy Policy (collectively, the "Agreement"). If you do not accept and agree to be bound by the Agreement, you should not use the Service.

We may occasionally make changes to the Agreement at our sole discretion. The most recent version of the Agreement is the version that applies. By continuing to use the Service after such changes you agree to be bound by the updated Agreement.

You agree that this Agreement shall govern your entire relationship with us and supersede any prior agreements.

Eligibility

In order to use the service:

Your Responsibilities

By using the service you agree that:

We have a zero tolerance policy for abusive users, and abusive behavior will result in the immediate and permanent revocation of your access to the Service.

Data Handling and Privacy Policy

CitizenLever LLC's Privacy Policy details our data handling practices, including how we collect, use, and retain information generated by your use of the Service.

In particular you agree the content you upload to the service may be viewed by other users around the world, and those users may choose to share this content with third parties.

Required Resources

You must provide certain device resources in order to use the Service. You consent to all usage of such resources by the Service, and assume ownership of any and all fees stemming from the usage of such resources.

Acceptable Use of the Service

You must use the Service in accordance with the Terms, and only for legal purposes.

We may block your access to the Service at any time and for any reason, including for violation of the Terms.

Licenses

We grant you a limited, revocable, non-exclusive, non-assignable, non-sublicensable, and non-transferable license to use our Service, subject to the Terms. No additional licenses or rights are granted to you by implication or otherwise.

Disclaimers

YOU USE OUR SERVICE AT YOUR OWN RISK AND SUBJECT TO THE FOLLOWING DISCLAIMERS. FOMENT PROVIDES THE SERVICE ON AN “AS IS” AND “AS AVAILABLE” BASIS AND TO THE EXTENT PERMITTED BY APPLICABLE LAW, GRANTS NO WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE WITH RESPECT TO THE SERVICE (INCLUDING ALL CONTENT CONTAINED THEREIN), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF SATISFACTORY QUALITY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. FOMENT DOES NOT REPRESENT OR WARRANT THAT (A) THE SERVICE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE, (B) ANY DEFECTS OR ERRORS IN THE SERVICE WILL BE DISCOVERED OR CORRECTED, OR (C) THAT ANY CONTENT OR INFORMATION YOU OBTAIN ON OR THROUGH THE SERVICE WILL BE ACCURATE, OR APPROPRIATE FOR YOUR PURPOSES.

FOMENT DISCLAIMS AND ASSUMES NO RESPONSIBILITY FOR ANY CONDUCT OF YOU OR ANY OTHER MEMBER, ON OR OFF THE SERVICE.

Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOMENT, ITS MANAGERS, EMPLOYEES, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, EXEMPLARY, INCIDENTAL, PUNITIVE, FIXED, OR ENHANCED DAMAGES, INCLUDING, WITHOUT LIMITATION, LOSS OF PROFITS, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM: (I) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICE; OR (II) ANY UNAUTHORIZED ACCESS, USE OR ALTERATION OF YOUR CONTENT, EVEN IF FOMENT HAS BEEN ADVISED AT ANY TIME OF THE POSSIBILITY OF SUCH DAMAGES. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FOMENT’S AGGREGATE LIABILITY TO YOU FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICE OR THIS AGREEMENT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT PAID, IF ANY, BY YOU TO FOMENT DURING THE SIX (6) MONTH PERIOD IMMEDIATELY PRECEDING THE DATE THAT YOU FIRST FILE A LAWSUIT, ARBITRATION OR ANY OTHER LEGAL PROCEEDING AGAINST FOMENT, WHETHER IN LAW OR IN EQUITY, IN ANY TRIBUNAL. THE DAMAGES LIMITATION SET FORTH IN THE IMMEDIATELY PRECEDING SENTENCE APPLIES (i) REGARDLESS OF THE GROUND UPON WHICH LIABILITY IS BASED (WHETHER DEFAULT, CONTRACT, TORT, STATUTE, OR OTHERWISE), (ii) IRRESPECTIVE OF THE TYPE OF BREACH OF OBLIGATIONS, AND (iii) WITH RESPECT TO ALL EVENTS, THE SERVICE, AND THIS AGREEMENT.

THE LIMITATION OF LIABILITY PROVISIONS SET FORTH IN THIS SECTION SHALL APPLY EVEN IF YOUR REMEDIES UNDER THIS AGREEMENT FAIL WITH RESPECT TO THEIR ESSENTIAL PURPOSE.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION MAY NOT APPLY TO YOU.

Indemnity

You agree to indemnify and hold Foment, its managers, employees, and affiliates, harmless from any demands, loss, liability, claims or expenses (including attorneys’ fees), made against Foment by any third party due to or arising out of or in connection with your use of the Service.

Severability

If any of the provisions of the Terms are held by a court of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms, so that these Terms shall remain in full force and effect.