Terms of Use
About Us and Our Terms
Hello! Welcome to Fetchy. We’re a subscription-based service that provides a suite of AI-powered tools to assist educators. Throughout these terms (‘terms’, ‘terms of service’), you will see the words ‘we’, ‘us’, and/or ‘Fetchy.’ We use these terms because we are Fetchy and we own and manage the Fetchy subscription service. (“Service”)
These terms of service govern your use of our web pages located at https://www.fetchy.com. (“Site”) Our Privacy Policy also governs your use of our service and explains how we collect, safeguard, and disclose information that results from your use of our web pages. Please read it here - https://www.fetchy.com/legal/privacy
Your presence on, and the use of, the Fetchy platform is subject to your acceptance to be bound by these terms whether or not you have an account or an active subscription. While on our Site you agree to the following ground rules. Please make sure that you read the rules and understand what they entail. If you disagree with our rules, you will need to leave our Site.
Browsing and Membership
Browsing: To browse Fetchy you need to be 18 years of age. We do not knowingly collect data from or market to children under 18 years of age. By using Fetchy, you represent that you are at least 18 or that you are the parent or guardian of such a minor and consent to such minor dependent’s use of the Services. You also agree to follow our guidelines and/or instructions and understand that these terms apply to any use of Fetchy regardless of whether you are, or are not, a subscribing member.
Becoming a Subscriber
Individual Subscription: Once you join our community as a Fetchy subscriber you receive unlimited access to our suite of tools. It is understood that only real people, using real details, can subscribe to Fetchy - individuals, teams, schools, groups, or shared subscriptions may or may not be available as of the date of these terms or at any date in the future.
Age: To become a Fetchy subscriber you need to be a minimum of 18 years of age. If you are under the age of 18 you will need to use the account of a parent or legal guardian who is at least 18 years of age, with their permission, and this adult will be responsible for all of your activities as they relate to Fetchy.
Your Responsibility: You guarantee that the information you provide Fetchy is true, accurate, and complete. You agree to keep your account information up-to-date (including a current email address). Your Fetchy subscription is not transferable. You are responsible for any use of Fetchy that occurs in conjunction with your subscription account, username, and password. Make sure to keep your username and password secure. Do not let another person use your username or password. Account sharing is not allowed. Generated work is licensed for use by the subscriber only and is not transferrable to other individuals. If your account is used without your permission, or you have any breach of security regarding your username or password please let us know immediately.
Terms of Subscribing: When you subscribe to Fetchy, you do so on the following terms: We do not promise that any particular tool will continue to be available on Fetchy. Once you generate content, you acquire a license to use the content under the terms set out in the Fetchy End User License Agreement.
Your Information
Privacy: We respect your privacy and process your information in accordance with our Fetchy Privacy Policy. Our Privacy Policy explains what information we collect, how we use it, and what rights you have in relation to it.
Confidential Information: We respect your information and take reasonable precautions to protect it. We only share information with your consent, to comply with laws, to provide you with services, to protect your rights, or to fulfill business obligations. While using Fetchy, you might discover confidential and/or private information about Fetchy, or another person. When using Fetchy you promise not to disclose confidential information made available to you through Fetchy to any other person or entity.
Communications
By creating an Account on our Service, you agree to subscribe to newsletters, marketing or promotional materials, and other information we may send. However, you may opt out of receiving any, or all, of these communications from us by following the unsubscribe link or by contacting us at help@fetchy.com.
Visiting https://www.fetchy.com or sending emails to Fetchy constitutes electronic communications. You consent to receive electronic communications and you agree that all agreements, notices, disclosures, and other communications that we provide to you electronically, via email and on the Site satisfy any legal requirements that such communications be in writing.
Transacting as a Subscriber:
Depending on the method of payment you choose (i.e., credit card, etc.), you may be required to pay a handling fee for your monthly subscription. By signing on as a Fetchy subscriber you must agree to the individual payment terms that relate to your chosen method of payment, as notified to you.
In the event that you select an ongoing, regular payment method (for example a monthly credit card payment) and that payment fails to occur, we may immediately suspend your subscription until payment has been made. If we suspend your subscription, your rights under these terms will also be suspended.
Note: We may employ the use of third-party services for the purpose of facilitating payment and the completion of purchases. By submitting your information, you grant us the right to provide the information to these third-parties subject to our Privacy Policy.
It is important that you understand the terms to which you are subscribing. Please take the time to review this section carefully.
Other Legal Housekeeping
Eligibility, Suspension, or Termination: Subscribing to Fetchy is not a natural right, it is an opportunity for those who follow our basic rules. We are happy to have you and hope that you will stay with us for a while. But we reserve the right, with discretion, to decide whether individual subscribers' use of Fetchy aligns with these terms.
We can at any point, without warning, suspend or terminate your account for any reason including if you breach these terms; if you act in a way that does not align with the values of our community; or if you act in a way that could cause us or others harm. If we permanently terminate your account, you are not allowed to apply for a new account. This applies to both active and inactive Fetchy subscriber accounts.
Meaningful and Genuine Interactions
Refrain from misleading others as to your person or intent. We will remove content provided and/or generated by subscribers that contains credible threats or hate speech, content that targets private individuals to degrade or shame them, content that contains personal information meant to blackmail or harass someone, and repeated unwanted messages. Encouraging violence or attacking another based on race, ethnicity, national origin, sex, gender, sexual orientation, religious affiliation, disabilities, or diseases is considered hate speech and is not allowed.
Fetchy does not allow threats of harm to public or personal safety. We carefully review reports of threats and reserve the right to determine whether a threat is credible.
Intellectual Property Rights
You are granted a non-exclusive, non-transferable, revocable license to access and use https://www.fetchy.com strictly in accordance with these terms of use. As a condition of your use of the Site, you warrant to Fetchy that you will not use the Site for any purpose that is unlawful or prohibited by these Terms. You may not use the Site in any manner which could damage, disable, overburden, or impair the Site or interfere with any other party’s use and enjoyment of the Site. You may not obtain or attempt to abstain from any materials or information through any means not intentionally made available or provided for through the Site.
What We Own: We own all the Fetchy Content that exists on Fetchy (unless otherwise stated and excluding content provided and generated by subscribers). This includes the ‘look and feel,’ design, features, functionality, and compilation of the Fetchy site, along with copyright, trademarks, designs, and other intellectual property on Fetchy. We own all the trademarks, logos, service marks, and trade names on Fetchy (unless otherwise stated and excluding these things owned by others).
You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale, create derivative works, or in any way exploit any of the content, in whole or in part, found on the Site. Fetchy content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and in particular, you will not delete or alter any proprietary rights or attribution notices in any content. You will use generated content in isolation solely for your personal use and will make no other use of isolated content without the express written permission of Fetchy. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of Fetchy or our licensors except as expressly authorized by these Terms.
What We Don’t Own: We do not own or claim the content provided and generated by subscribers on Fetchy; the subscribers are owners of their generated content under the terms of the Fetchy End User License Agreement.
Copyright, Trademark, and Intellectual Property Claims: We respect the intellectual property rights of others. If you believe that any content on Fetchy infringes any intellectual property rights (including copyright) please see the information in our Intellectual Property Policy.
Fair Play
Prohibited Conduct: Your use of Fetchy including subscriber-provided content must comply with our policies (as published on the Fetchy Legal site) including the Fetchy End User License Agreement and Fair Use Policy.
Linking to Fetchy
Linking to Fetchy: We reserve the right to demand that any link to Fetchy be discontinued and to revoke your ability to link to Fetchy.
Links From Fetchy
Links from Fetchy: The Fetchy platform may contain links to other non-Fetchy websites (“Linked Sites”). The Linked Sites are not under the control of Fetchy and Fetchy is not responsible for the contents of any Linked Site, including without limitation any link contained in a Linked Site, or any changes or updates to a Linked Site. Fetchy is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by Fetchy of the site or any association with its operators.
Certain services made available via https://www.fetchy.com are delivered by third-party sites and organizations. By using any products, service, or functionality originating from the https://www.fetchy.com domain, you hereby acknowledge and consent that Fetchy may share such information and data with any third-party with whom Fetchy has a contractual relationship to provide the requested product, service, or functionality on behalf of https://www.fetchy.com users and customers.
Liability and Indemnity - Between Us and Subscribers
Availability: We intend to have Fetchy available to our subscribers all day every day. With that said, on occasion, you might not be able to access Fetchy, and this may happen without notice at any point at any time. On occasion, you may not have access to saved content on Fetchy, and this may happen without notice at any point at any time. We may also change facets of how Fetchy works, including the type of tools available on Fetchy. Fetchy will not be liable to you for any loss you suffer as a result of these things.
Third-Party: If you are acting as a third-party in agreeing to these terms then you are promising to Fetchy that you have the full legal authority to bind that third-party. Note: Only real people can subscribe to Fetchy.
Blocking You, Disabling Your Subscription, or Refusing to Process a Payment: Fetchy retains the right to block subscribers, terminate subscriptions, and/or refuse payments if, within reason, we believe there is a risk associated with an individual or account, including if it breaches a law or regulation. (i.e., transactions where we are within reason to believe that there is a legal or regulatory risk or a risk of loss being suffered by us or our members.) We may take any of the actions stated in this section without notice.
Relationship Between the Parties: Nothing in these terms is to be inferred as a partnership, joint venture, employment, or an agency relationship between you and us, or between you and any other member. Neither party can bind the other in any way.
Notices: Any notice you send us must be submitted in writing to help@fetchy.com. Any notice we send to you will be emailed to the email address you provided to us.
Interpretation: Words like ‘include’ and ‘including’ do not imply limitation and where anything is within our discretion we mean specifically our sole discretion.
International Users: The Service is controlled, operated, and administered by Fetchy from our offices within the United States of America. If you access the Service from a location outside the United States of America, you are responsible for compliance with all local laws. You agree that you will not use the Fetchy content accessed through https://www.fetchy.com in any country or in any manner prohibited by any applicable laws, restrictions, or regulations. You may not be able to access Fetchy outside of the United States, and this may happen without notice at any point at any time.
Applicable Laws: We control and operate Fetchy from our offices in the United States of America. The laws of the United States of America govern these terms, and you submit to the jurisdiction of U.S. Courts for the resolution of any dispute between us.
Indemnification: You agree to indemnify, defend and hold harmless Fetchy, its officers, directors, employees, agents, and third-parties, for any losses, costs liabilities, and expenses (including reasonable attorney’s fees) relating to or arising out of your use of or inability to use the Site or services, any user posting made by you, your violation of any terms of this Agreement or your violation of any rights of a third-party, or your violation of any applicable laws, rules or regulations. Fetchy reserves the right, at its own cost, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Fetchy in asserting any available defenses.
Arbitration: In the event, the parties are not able to resolve any dispute between them arising out of or concerning these Terms and Conditions, or any provision hereof, whether in contract for, or otherwise at law or in equity for damages or any other relief, then such dispute shall be resolved only by final and binding arbitration pursuant to the Federal Arbitration Act, conducted by a single neutral arbitrator and administered by the American Arbitration Association, or a similar arbitration service selected by the parties, in a location mutually agreed upon by the parties. The arbitrator’s award shall be final, and judgment may be entered upon it in any court having jurisdiction. In the event that any legal or equitable action, proceeding, or arbitration arises out of or concerns these Terms and Conditions, the prevailing party shall be entitled to recover its costs and reasonable attorney’s fees. The parties agree to arbitrate all disputes and claims in regard to these Terms and Conditions or any disputes arising as a result of these Terms and Conditions, whether directly or indirectly, including Tort claims that are a result of these Terms and Conditions. The parties agree that the Federal Arbitration Act governs the interpretation and enforcement of this provision. The entire dispute, including the scope and enforceability of this arbitration provision, shall be determined by the Arbitrator. This arbitration provision shall survive the termination of these Terms and Conditions.
Liability Disclaimer:
THIS INFORMATION, SOFTWARE, PRODUCTS, AND SERVICES INCLUDED IN OR AVAILABLE THROUGH THE SITE MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE PERIODICALLY ADDED TO THE INFORMATION HEREIN. FETCHY AND ITS CONTRACTORS MAY MAKE IMPROVEMENTS AND/OR CHANGES TO THE SITE AT ANY TIME.
FETCHY AND ITS CONTACTORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS CONTAINED ON THE SITE FOR ANY PURPOSE. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL SUCH INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” WITHOUT WARRANTY OR CONDITION OF ANY KIND. FETCHY AND/OR ITS CONTRACTORS HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THIS INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS, INCLUDING ALL IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FETCHY AND/OR ITS CONTRACTORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OR PERFORMANCE OF THE SITE, WITH THE DELAY OR INABILITY TO USE THE SITE OR RELATED SERVICES. THE PROVISIONS OF OR FAILURE TO PROVIDE SERVICES, OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS OBTAINED THROUGH THE SITE, OR OTHERWISE ARISING OUT OF THE USE OF THE SITE, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF FETCHY OR ANY OF ITS CONTRACTORS HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. BECAUSE SOME STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SITE, OR WITH ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USING THE SITE.
Free Trial
Fetchy may, at its sole discretion, offer a subscription with a free trial for a limited period of time (“Free Trial”).
You may be required to enter your billing information in order to sign up for a Free Trial.
If you do enter your billing information when signing up for a Free Trial, you will not be charged by Fetchy until your Free Trial has expired. On the last day of a Free Trial period, unless you have canceled your subscription, you will be automatically charged the applicable subscription fees for the type of subscription you have selected.
At any time and without notice, Fetchy reserves the right to (i) modify the Terms of Service of the Free Trial offer, or (ii) cancel such Free Trial offer.
Changing Fees
We reserve the right, at any time, to change any fees or charges for using any service provided on the Service (or to begin charging fees for any free service), provided that such changes will not apply to fees or charges paid or free services used prior to the time of the charge.
Termination/Access Restriction
We can at any point, without warning, suspend or terminate your account for any reason including if you breach these terms; if you act in a way that does not align with the values of our community; or if you act in a way that could cause us or others harm. If we permanently terminate your account, you are not allowed to apply for a new account. This applies to both active and inactive Fetchy subscriber accounts.
Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and Fetchy with respect to the Site and it supersedes all prior or contemporaneous communication and proposals, whether electronic, oral, or written, between the user and Fetchy with respect to the Site. A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.
Refunds and Cancellations
Fetchy is a digital subscription service, as such, we do not generally offer a refund or credit on a purchased subscription unless we have made changes to these terms that affect you to your detriment. If you would like to request a refund or credit you should send an email to help@fetchy.com.
If you cancel a subscription due to a change in our terms, you will receive a refund for any whole unused month remaining in your subscription period. We will evaluate refund or credit requests on an individual basis. In general, there is no obligation to provide a refund or credit in situations such as the following: you have changed your mind about your subscription; you subscribed by mistake; you do not have sufficient expertise to use the tools available; you ask for goodwill; your account has been suspended or terminated due to breach of terms; or you can no longer access desired tools because they have been removed from Fetchy.
If we deem that a refund or credit is in order, this will generally be done using the same payment manner that was used to make the original purchase. Any refunded payment made to you will be issued to you utilizing the currency Fetchy offered to you when you purchased your subscription (i.e., US Dollars). Fetchy reserves the right to modify refund amounts to cover transaction processing fees. It is important that you understand how refunds work.
Disputes Lodged With Payment Agents: If, as a subscriber, you file a dispute with a payment agent, this will result in a freezing of your Fetchy subscription and your Fetchy account until the dispute with the payment agent has been canceled. We encourage you to contact us directly first to see if we can easily resolve any concerns prior to contacting a payment agent.
Fine Print: Fetchy is not a bank. Any credit we apply to your subscription is not a deposit under any law, and that means you cannot get the benefit of deposit insurance or guarantee under any law. We do not act as a fiduciary or as a trustee for you, and we are not a licensed financial service provider.
Changes to Terms
Changes to These Terms: We have the right to change these terms (including the Fetchy End User License Agreement) at any point. If we make changes we will, within reason, notify our subscribers about the changes. You can also keep track of whether changes have been made to our terms by referring to the version and effective date listed on the terms. Based on changes to our terms you are welcome to determine whether or not you would like to continue your Fetchy subscription. If a change we make has an effect on you to your detriment then you may, upon demonstrating that detriment to us, cancel your Fetchy subscription in accordance with the section regarding refunds and cancellations above. However, if you continue to use your Fetchy subscription after the changes are made, you are agreeing to the changes regardless of the amount of time that has passed.
Contact Us
If you have questions or feedback regarding the Terms please email help@fetchy.com
