Terms
Last updated: September 1, 2024
1. Definitions
- Famelab: Famelab.io, the provider of the Service, acting as the provider of a SaaS platform for LinkedIn automation.
- User: The natural or legal person using the Service in the course of business.
- Service: The online software service (SaaS) provided by Famelab through the Platform, enabling automation of LinkedIn activities and supported by AI functionality.
- Platform: The online environment managed by Famelab (including the website and application) where the Service is made available.
- Account: The personal account that provides the User with access to the Platform and allows the use of the Service.
- Subscription: The agreed access to the Service for a specific period (e.g., monthly or annually) in return for payment by the User.
- Agreement: The legal relationship between Famelab and the User regarding the use of the Service, governed by these terms.
- Parties: Famelab and the User collectively.
- Content: All data, information, messages, text, images, or other materials that the User stores, sends, or generates through the Service.
2. Applicability
- These Terms apply to all offers, agreements, and use of the Service by the User. By creating an Account or using the Service, the User agrees to these Terms.
- Any purchase or other conditions of the User are expressly rejected and do not apply. Deviations or additions are only binding if agreed upon in writing.
- Famelab may amend these Terms periodically. Changes will be announced at least 30 days before they take effect, via the Platform or email. Continued use after the effective date constitutes acceptance.
- If any provision is invalid or unenforceable, the remaining provisions remain in effect. The Parties will replace invalid provisions with those closely matching the original intent.
3. Use of the Service and License
- Famelab grants the User a limited, non-exclusive, non-transferable right to use the Service during the Agreement term, for internal business purposes.
- The User may not rent, sell, sublicense, or otherwise make the Service available to third parties. Accounts are personal and may not be shared.
- Where LinkedIn credentials or authentication are required, the User authorizes Famelab to connect as a technical intermediary and must follow Famelab’s security instructions.
- Each Subscription is tied to a single LinkedIn account unless otherwise agreed in writing. Multiple accounts require additional licenses.
- Famelab may modify Service content, features, and scope for improvement or legal compliance, notifying Users of significant changes.
4. Obligations of the User
- The User is responsible for the accuracy, legality, and quality of all Content. The User must have all necessary permissions for processing personal data.
- The User must follow Famelab’s usage guidelines, including message limits to avoid LinkedIn detection.
- Login credentials must be kept confidential. Any suspected unauthorized use must be reported immediately.
- The User may not reverse engineer, copy, or circumvent security measures.
- The User acknowledges that LinkedIn is a third-party platform with its own rules and accepts full responsibility for compliance.
- The User is responsible for reviewing and approving any AI-generated content before use.
- The User indemnifies Famelab against third-party claims arising from their use of the Service.
5. Payment Terms and Subscriptions
- Fees are payable as agreed for the chosen Subscription. All prices exclude VAT and government levies and must be paid in advance, either monthly or yearly depending on the chosen subscription plan.
- Subscriptions are automatically renewed for the selected term unless cancelled in writing at least one calendar month before the next renewal date. Paid amounts are non-refundable.
- Late payment results in default without further notice, allowing Famelab to suspend or terminate access. Interest and collection costs apply.
- Fees are non-refundable, including for unused Service periods or third-party restrictions.
- Famelab may adjust prices with 30 days’ notice. Continued use constitutes acceptance.
6. Intellectual Property
- All IP rights to the Service, Platform, software, website content, and materials remain with Famelab or its licensors.
- The User receives only the rights expressly granted. IP notices must not be removed or altered.
- All Content remains the User’s property, but Famelab may use it as necessary to provide the Service.
- User feedback may be used to improve the Service without obligation.
7. Limitation of Liability
- The Service is provided “as is” without guarantees of uninterrupted availability or specific outcomes.
- Famelab is liable only for direct damages caused by proven breach, limited to the total paid in the previous 12 months.
- Famelab is not liable for indirect or consequential damages, including lost revenue or data loss.
- Famelab is not responsible for actions of LinkedIn or other third parties, including account restrictions.
- Claims must be reported within two months and expire after 12 months.
8. Termination
- The Agreement is open-ended unless specified otherwise, with automatic renewal until terminated.
- Either Party may terminate at the end of a Subscription period. Fees remain payable for the current term.
- Famelab may terminate immediately in cases of breach, insolvency, non-payment, or legal restrictions.
- Upon termination, access ends and the User must secure any desired Content. Famelab will delete personal data unless retention is required by law.
9. Data Processing and Privacy
- Both Parties will comply with applicable privacy laws, including the GDPR.
- Where Famelab processes personal data for the User, a data processing agreement applies.
- Famelab may process anonymized usage data for analysis and improvement.
- The Privacy Policy, available on the website, applies.
10. Governing Law and Jurisdiction
- Dutch law governs these Terms. The CISG does not apply.
- Disputes shall be submitted to the competent court where Famelab has its registered office.