FAVES Solutions, Inc. and our subsidiary FAVES IVS (“FAVES”, “we”, “us”, “our”) provides business-to-business Services through our mobile app (FAVES Pro) and our websites (favespro.com, thefavesapp.com, faves-app.com, faves.fashion). Our Services allow business customers to plan and document their wholesale purchase decisions, track spending, and share information within their organization.
Because our services are intended for business use only, we assume that our customers (“you”) are registered businesses engaged in the trade of goods, or employees of such businesses, and that you use our services only for business purposes.
FAVES provides mobile apps and related Services that help Users manage wholesale buying of goods and to interact with other Users who are members of the same Account (as described in the following section).
We have no obligation to accept anyone as a User, and we maintain sole discretion to accept, reject, or remove any User from our Service.
In order to use our Service, you must create an “Account”. You are responsible for all activities that occur on or through your Account. You agree not to sell, transfer, grant as a licensee, or allow access to your Account by third parties who are not registered Users of our Service.
To create an Account, you must provide us with your email address and mobile phone number. We use your email address to send information about our services and to provide you with assistance if needed. We use your mobile phone number to send you a code that you use to log in to your Account, so that you do not need to remember a password. We may also contact you by mobile phone to provide assistance if needed.
When you create your Account, we will send a confirmation mail to your email address, and a text message (SMS) to your mobile phone. If we are not able to confirm your email address and mobile phone number within seven days, your Account will be closed and you will not be able to access our Service.
Some Account types include the option of accessing the Service through multiple Devices and adding additional Users who share access to the same Account. We define the Owner of the Account as the User who is paying for the Service (that is, the person or company whose credit card is being billed by FAVES). The Account Owner is responsible for ensuring that all Users added to the Account are authorized to access the information in the Account. As Account Owner, you agree to immediately notify us of any security breach or unauthorized activity related to your Account.
By using the Service, you agree to comply with the following code of conduct:
You will not use the Service for any illegal, immoral or unauthorized purposes, or in ways that violate applicable laws. Unauthorized uses include, but are not limited to, violations of copyright or trademark, uploading of photos that are violent, hateful, discriminatory, illegal or pornographic.
You will not access or use the Service if you are employed by or affiliated with a direct competitor of FAVES, unless you obtain our prior written consent. You may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You will not use automated means, including spiders, robots, crawlers, data mining tools, or the like to download or scrape data from the Website, Service, or our APIs, except for Internet search engines (e.g., Google) and non-commercial public archives (such as archive.org) that comply with our robots.txt file.
You will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our technical infrastructure.
You will not interfere with or attempt to interrupt the proper operation of the Service through the use of any virus, device, information collection or transmission mechanism, software or routine, or access or attempt to gain access to any data, files, or passwords related to the Service through hacking, password or data mining, or any other means.
You will not cover, block, or in any way interfere with any advertisements, watermarks, colophons and/or safety features of our Website or Service.
You agree that any information you provide in connection with your use of the Service, whether to us or to a third party, is accurate, truthful, and complete.
In the course of using our Service, you may provide certain information, data, photos, text, or other content to the Service (“User Content”). By using our Service you warrant that you have the necessary rights and/or third-party consent to freely use and share any content that you provide to the Service. You accept full responsibility for User Content that you provide with respect to our Code of Conduct.
User Content may be transferred unencrypted across various networks, and is subject to changes to conform to the Service’s technical requirements (for example, file compression). We can review and reject any User Content provided at any time. By providing User Content to the Service, you accept that employees of FAVES or our Service Providers may access, view, alter, or delete User Content as necessary to maintain the integrity of our Service and to comply with legal orders, regulations, and our Code of Conduct.
You agree not to provide User Content that damages the FAVES brand or in any way implies improper association to FAVES. We can remove such User Content if we determine in our sole discretion that it does so.
You have the right to delete your Account and associated User Content at any time by contacting us in writing at email@example.com. In the case of paid Accounts, we require confirmation by the Account Owner. We may obtain this confirmation by phone, email, or postal letter, at our sole discretion. We’ll make commercially reasonable, good faith efforts to remove User Content from our Service within seven days of confirming your deletion request.
Users of free Accounts may be presented with advertisements or sponsored content, some of which may be provided by third party services or approved business partners. Users of paid Accounts can choose whether or not to receive advertisements and other sponsored content.
You accept that advertisements or sponsored content made available through the Service may not have been pre-screened or reviewed by FAVES. If you encounter any such content that you believe is inappropriate, offensive, or illegal, please contact us and include a screenshot.
If you decide to purchase products or services from any third party who advertises through our Service, you do so at your own risk. FAVES is not responsible for such products or services, and any concerns or complaints regarding the purchase should be directed to the company from which you purchased the products or services.
The Service contains material, such as software, text, graphics, images, sound recordings, audiovisual works, and other material provided by or on behalf of FAVES (collectively referred to as the “Content”). The Content, whether owned by us or by third parties, is protected under European Union and international laws. Unauthorized use of the Content may violate copyright, trademark, and other laws. You don’t have any rights in or to the Content, and you cannot use the Content except as permitted under this Agreement or by our prior written consent. You must retain all copyright and other proprietary notices contained in the original Content, and you can’t sell, transfer, assign, license, sublicense, or modify the Content or reproduce, display, publicly perform, make a derivative version of, distribute, or otherwise use the Content in any way for any public or commercial purpose. You may not use or post the Content on any other website or in a networked computer environment for any purpose.
The trademarks, service marks, icons and logos of FAVES (“FAVES Trademarks”) used and displayed in connection with the Service are registered and unregistered trademarks or service marks of FAVES. Any unauthorized use of FAVES Trademarks (determined in our sole discretion) is prohibited, including without limitation the use of the Trademarks to advertise or link to any website not part of the Service. All goodwill generated from the use of FAVES Trademarks inures to our benefit.
Elements of the Service and our Website are protected by trade dress, trademark, unfair competition, and other European Union and international laws, and may not be copied or imitated in whole or in part, by any means, including but not limited to the use of framing or mirrors. None of the Content may be retransmitted without our express, written consent for each and every instance.
FAVES grants to you (“the User”) a revocable, non-exclusive, non-transferable, limited-in-time license to use the Service and associated Software Applications. FAVES grants the User the right to install updates to the Service and Software Applications as made available to the User by FAVES from time to time.
The User may not (i) assign, sub-license, copy, publish or distribute the Service or Applications, (ii) assign to any third party the rights that the User has acquired under a license under these Terms of Service, or (iii) circumvent any of the technical limitations of the Service or Applications, or decompile or otherwise reconstruct the Service or Applications save only to the extent and circumstances permitted by law.
FAVES reserves the rights to modify, terminate, or remove your access to the Service, the Content, or any Application for any reason at any time.
We are continuously developing new features and improvements to the Service in order to provide you with the best possible experience. We may also find it necessary to modify, remove, or deactivate specific aspects or features of the Service. We accept no responsibility to maintain any feature that we deem not commercially viable.
Our development efforts may from time to time cause interruptions to the Service, or change the way the Service works. Whenever possible, we attempt to inform Users of changes, upgrades, or interruptions to the Service. However, for technical or commercial reasons it may not be possible to notify Users in advance of such changes or interruptions. We accept no liability for failing to provide advance notice of changes or interruptions to the Service.
You’ll defend, indemnify, and hold harmless FAVES, our affiliates, and our and their respective officers, directors, managers, employees, and agents from any and all liabilities, claims, costs, damages, and expenses (including reasonable attorneys’ fees) in connection with any third-party action, claim, or proceeding (each, a “Claim”) arising from your breach of this Agreement or your misuse of the Service, the Applications, the Website or the Content.
Notwithstanding the foregoing, we reserve the right to assume the exclusive defense and control of any Claim that is subject to indemnification under this section, in which case you agree to cooperate with any reasonable requests assisting our defense of the Claim.
Among other things, this section limits our liability in the event something goes wrong with the Service.
WE MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE SERVICE, THE APPLICATIONS, THE WEBSITE OR THE CONTENT. WE DO NOT PROMISE OR WARRANT THAT THE SERVICE, THE APPLICATIONS, OR THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE SERVICE, THE APPLICATIONS, THE WEBSITE OR THE CONTENT ARE FREE OF COMPUTER VIRUSES OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES.
WE DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, COURSE OF PERFORMANCE, OR USAGE OF TRADE. SOME JURISDICTIONS DO NOT ALLOW EXCLUSIONS OF CERTAIN WARRANTIES, SO THE LIMITATIONS ON WARRANTIES MAY NOT APPLY TO YOU.
IN CONNECTION WITH ANY WARRANTY, CONTRACT, OR COMMON LAW TORT (NEGLIGENCE) CLAIMS: (I) IN NO EVENT WILL WE BE LIABLE FOR ANY INCIDENTAL OR CONSEQUENTIAL DAMAGES OR LOST PROFITS, OR DAMAGES RESULTING FROM THE USE OR INABILITY TO ACCESS AND USE THE SERVICE, THE APPLICATIONS, THE WEBSITE OR THE CONTENT, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES; AND (II) ANY DIRECT DAMAGES THAT YOU MAY SUFFER AS A RESULT OF YOUR USE OF THE SERVICE, THE APPLICATIONS, THE WEBSITE OR THE CONTENT SHALL BE LIMITED TO THE MONIES YOU HAVE PAID US IN CONNECTION WITH YOUR USE OF THE SERVICE DURING THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENTS GIVING RISE TO THE CLAIM.
THE SERVICE, THE WEBSITE OR THE CONTENT MAY CONTAIN TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS OR OMISSIONS. WE ARE NOT RESPONSIBLE FOR ANY SUCH TYPOGRAPHICAL, TECHNICAL, OR PRICING ERRORS IN THE SERVICE. THE SERVICE OR THE WEBSITE MAY CONTAIN INFORMATION ON CERTAIN PRODUCTS AND SERVICES, NOT ALL OF WHICH ARE AVAILABLE IN EVERY LOCATION. THE SERVICE’S REFERENCE TO A PRODUCT OR SERVICE DOES NOT IMPLY THAT SUCH PRODUCT OR SERVICE IS OR WILL BE AVAILABLE IN YOUR LOCATION. WE RESERVE THE RIGHT TO MAKE CHANGES, CORRECTIONS, AND/OR IMPROVEMENTS TO THE SERVICE OR THE WEBSITE AT ANY TIME WITHOUT NOTICE.
Although we encourage you to email us, you should not email us any content that contains confidential information. With respect to all emails you send to us, including but not limited to, feedback, questions, comments, suggestions, and the like, we are free to use any ideas, concepts, know-how, or techniques contained in your communications for any purpose at all without compensation or attribution, including, but not limited to, the development, production and marketing of products and services that incorporate the information.
Any support requests will be handled over email and should be sent to firstname.lastname@example.org. We do not provide technical support for issues that are not directly related to the Service.
We may restrict, suspend, or terminate this Agreement and your access to all or any part of the Service, at any time and for any reason without prior notice or liability. We may also change, suspend, or discontinue all or any part of the Service at any time without prior notice or liability.
You have the right to close your Account at any time by contacting us in writing at email@example.com. However, closing your Account does not relieve you of your obligations under this Agreement.
FAVES reserves the right, from time to time and in its sole discretion, to amend these Terms of Service. You should periodically check https://thefavesapp.com/tos, where the latest version will always be available, for any changes or updates that may impact you.
Our failure to enforce any right or provision under this Agreement will not constitute a waiver of those rights and provisions or any other of our rights under the Agreement. No waiver will be effective against us unless made in writing, and no such waiver will be construed as a waiver in any other or subsequent instance. Except as expressly agreed by us and you in writing, this Agreement constitutes the entire agreement and understanding between you and FAVES with respect to the subject matter, and supersedes any previous written or oral agreement between you and FAVES in relation to the subject matters. These Terms of Service shall substitute any earlier versions of terms of service between you and FAVES or its affiliates. The section headings are provided merely for convenience and shall not be given any legal meaning. This Agreement will inure to the benefit of our successors, assigns, licensees, and sublicensees.
The following provisions will survive any expiration or termination of this Agreement: “Your Account,” “Code of Conduct,” “User Content,” “User License,” “Communications to Us,” “Intellectual Property Rights,” “Indemnification,” “Liability for Damages,” and “Miscellaneous.”
These Terms of Service shall be governed by the laws of Denmark.
Any questions about these Terms of Service should be sent to firstname.lastname@example.org.