FRACTIO

SITE TERMS OF SERVICE

  1. User’s Acknowledgment and Acceptance of Terms

Fractio, LLC (hereinafter “Fractio”) (referred to as “us” or “we”) provides the www.fractio.co site and various related services (together referred to as this “site”) subject to your compliance with all the terms, conditions, and notices contained or referenced herein (the “Terms of Service”), as well as any other written agreement between us (or your company). In addition, when using particular services or materials on this site, users shall be subject to any posted guidelines or rules applicable to such services or materials that may contain terms and conditions in addition to those in these Terms of Service. All such guidelines or rules are hereby incorporated by reference into these Terms of Service.

BY COMPLETING THE REGISTRATION PROCESS AND/OR USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These Terms of Service are effective as of August 15, 2022. We reserve the right to change these Terms of Service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these Terms of Service periodically and to be aware of any modifications. Your continued use of this site after such modifications will constitute your acknowledgment of the modified Terms of Service and agreement to abide and be bound by the modified Terms of Service.

As used in these Terms of Service, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, contractors, Advisors, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents.

This Site is offered and available to users who are at least 18 years of age and of legal age to form a binding contract. By using the Site, you represent and warrant that you meet all the foregoing eligibility requirements. If you do not meet all these requirements, you must not access or use the Site.

Please read these Fractio Terms of Service carefully before you start using Fractio. By using the Fractio site, you, either individually or on behalf of your employer or any other entity which you represent (“you”), accept and agree to be bound and abide by these Terms and Fractio’s Payment Terms, found below (the “Payment Terms and Payment of Fees”), which is incorporated herein by reference. You further acknowledge, you have read and understood our Privacy Policy, found here. If you do not want to agree to these Terms or the Privacy Policy, you must not access or use the Fractio site.

In case you register or use Fractio on behalf of your employer or another entity, you represent and warrant that you are authorized to bind your employer or such entity to these Fractio Terms and you agree to these Fractio Terms on their behalf.

There are various types of users in a Business Account. Except where indicated otherwise, these Fractio Terms of Service apply to all users and the term “you” shall refer to the Client, and all types of users of the Client Account.

If you have any questions regarding any of these designations, please contact us at support@fractio.co

  1. Key Terms and User Designations
  • Clients are users who purchase services on Fractio.
  • Client Account is a collaborative account, created on Fractio.
  • Client Account Team Member is any user that is invited or uses a Client Account.
  • Advisors are users who offer and perform services on Fractio.
  • Advisory Subscription is a retained service that includes tiered access to time with Advisors which is billed to Clients on a recurring monthly basis.
  • Office Hours (Working Time, Sessions) is time booked on an advisor’s calendar as part of an Advisory Subscription.
  • Projects (Assignments) are services purchased from Fractio and our Advisors for a fixed cost.
  • Advisor Page is where the Advisor can describe their professional background and expertise across the industries and Fractio represents.
  • Office Hours Page (Consulting Room) is where Clients can find available time on Advisor calendars to book as part of an Advisory Subscription.
  • Tasks (Actions) are the formal agreements between Clients and Fractio Advisors after a Project has been purchased.
  1. Description of Services Overview

Fractio is a platform for business teams and startups. Advisors on the Fractio platform are required to comply with certain professional standards. Advisors are regularly evaluated by Fractio to ensure their high-quality professionalism is kept. Fractio reserves the right to remove Advisors from the Fractio platform.

Services

  • Only registered Clients may buy services on Fractio. Registration is free and requires onboarding by a Fractio team member. In registering for an account, you agree to provide us with accurate, complete, and updated information and must not create an account for fraudulent or misleading purposes. You are solely responsible for any activity on your account and for maintaining the confidentiality and security of your password. We are not liable for any acts or omissions by you in connection with your account.
  • Projects on Fractio are purchased through our Projects page as determined by Fractio.
  • Clients pay Fractio for Projects in four installments based on Task milestones, with a percentage of the payment made before, during, and after the Task is complete and delivered.
  • For fees and payments please read the Payment terms in the “Section” below
  • Users may not offer or accept payments using any other method than purchasing an Advisory Subscription or Task through Fractio.co.
  • Users may note offer direct payments to Advisors using payment systems outside of the Fractio platform. In case you have been asked to use an alternative payment method, please report it immediately to Fractio
  • When purchasing a Task, Clients are granted all rights for the delivered work, unless otherwise specified by the Advisor or Fractio. Some Tasks include payment for Commercial Use License. See our “Ownership” and “Commercial Use License” sections below for more information.
  • Fractio retains the right to use all published delivered works and designs for Fractio marketing and promotion purposes.
  • By offering a service, the Advisor undertakes that he/she has sufficient permissions, rights and/or licenses to provide, sell or resell the service that is offered on Fractio.
  • We care about your privacy. You can read our Privacy Policy here.
  1. Task Milestones
  • Once the first milestone payment is confirmed, your Task will be created by Fractio’s internal operations team to be worked on.
  • Projects include four Task milestones. The minimum amount for each milestone is $20. Each milestone is paid and delivered separately in accordance with each Task description and project timeline listed on the Project’s page.
  • Once a milestone is delivered and marked as completed in the Client’s Project Google form by the Advisor and the Client, Clients may choose to either continue with the Task project and pay for the next Task milestone, or to stop the Task.
  • If Client does not pay for the next Task milestone within 10 days of acceptance of previous milestones, the Task under the next milestones will not start.
  • A Task milestone will be automatically marked as complete by Fractio if no acceptance or request for modification is submitted via email by the Client within 7 days after being marked as Delivered in the Client’s Project Google Form by the Advisor. In such a case all further milestones will not start until the Client responds.
  • A Project will be considered Complete by Fractio after the final milestone is marked complete by the Advisor in Fractio systems. A Project will be automatically marked as complete if not accepted and no request for modification was submitted via email by the Client within 48 hours after the Project was marked as delivered.
  • Fractio encourages Clients and Advisors to settle conflicts through direct written communication via email. For more information about disputes or refunds, please refer to “Payment Terms and Payment of Fees”
  • Users are responsible for scanning all transferred files for viruses and malware. Fractio will not be held responsible for any damages which might occur due to site usage, use of content or files transferred.
  1. Office Hours Subscription
  • Fractio offers Clients a fixed term subscription for a specific number of hours per month to have access to our Advisors on a recurring monthly basis.
  • Clients may cancel future months before payment is made for upcoming months. Once payment is made, Fractio’s subscription cancelation policy under “Payment terms and Payment of Fees” will apply.
  • By purchasing an Office Hours Subscription, you authorize Fractio to automatically charge you from your saved payment method. In case a payment is not processed or made by the Client, for any other reason, the Office Hours Subscription will be cancelled.
  • Clients may also cancel future Office Hours subscriptions 14 days prior to the next consecutive month’s billing cycle.
  • When a Client purchases an Office Hours Subscription, Fractio is notified by email.
  • When a Client books time on an Advisor’s calendar, the appointment is approved by Fractio and the Advisor is notified.
  1. Registration Data and Privacy

In order to access some of the services on this site, you will require a separate account and password that can be obtained by completing our online registration form, which requests certain information and data (“Registration Data”) and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete and accurate.

You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into these Terms of Service.

  1. Payment Terms and Payment of Fees

The following payment options are available for Clients.

  • Saved Payment Method – saved payment method for one time or recurring payments, including a Client credit card.

If you purchase or subscribe to a service on this site that requires payment of a fee, you agree to pay all fees associated with such service. For all charges for services on this site, we will bill your credit card. Recurring charges are billed in advance of service. You agree to provide us with accurate and complete billing information, including valid credit card information, your name, address and telephone number, and to provide us with any changes in such information within Thirty (30) days of the change.

All Advisors are subject to the Company’s sales, refund, and dispute resolution policies. Advisors are solely liable for fulfillment, delivery, and execution of all Services listed on the Fractio site.

If, for any reason, your credit card company refuses to pay the amount billed for the service, you agree that we may, at our option, suspend or terminate your subscription to the service and require you to pay the overdue amount by other means acceptable to us. We may charge a fee for reinstatement of suspended or terminated accounts.

You agree that until your subscription to the service is terminated, you will continue to accrue charges for which you remain responsible, even if you do not use the service.

In the event legal action is necessary to collect on balances due, you agree to reimburse the Company for all expenses incurred to recover sums due, including attorney fees and other legal expenses.

You agree that unless a dispute arises with an Advisor who does not deliver your Task milestone by the due date agreed to in the Statement of Work, you are not entitled to a full or partial refund of the Project. If an Advisor misses a Task milestone deadline, you may request a partial refund for the remaining Task milestones not yet marked as Delivered in the Client Project Google Sheet.

  1. Non-Circumvention

You agree to use Fractio as your exclusive method to make payments for any Service contracted from Advisors, and not to circumvent the payment methods offered on Fractio. This non-circumvention requirement applies to all Clients and users of the site. Without derogating from the generality of the above, you may not offer or solicit (or accept any offer or solicitation from) any parties introduced through Fractio to contract, engage with, or pay outside of Fractio. You agree to notify Fractio immediately if a Advisor proposes that you make payments other than through the site.

You acknowledge and agree that a violation of this non-circumvention requirement is a material breach of the Fractio Terms of Service and may lead to a permanent suspension of the violating Client Account and Advisor.

In light of the difficulties in measuring or estimating the damage which may be incurred by Fractio as a consequence of any non-circumvention breach, you hereby agree to pay Fractio liquidated damages in the amount of US $5,000 (the “Liquidated Damages”) if Fractio determines, in its sole discretion, that you have violated this Non-Circumvention Section. You acknowledge and agree that the Liquidated Damages are a reasonable approximation of such damages and do not constitute a penalty.

Fractio may, to the maximum extent permitted by law (i) charge your Fractio payment method the Liquidated Damages or send you an invoice for the Liquidated Damages, which you agree to pay within 30 days, and (ii) charge you (in the same manner) for all reasonable expenses, including attorneys’ fees, related to investigating such breach and collecting such fees.

  1. Important Information for Advisors

This section shall describe Fractio’s payment processing practices. Any and all Advisors must acknowledge acceptance to the following terms provided by Square before any payment shall be remitted to Advisors:

Fractio uses Square, a division of…, for payment processing. In order for you to use Square’s payment processing services, you must read and agree to the Commercial Entity User Agreement (CEA) available at https://, and the Payment Services Agreement available at https://. By accepting this Agreement you agree: (a) that you have downloaded or printed the CEA, and (b) that you have reviewed and agreed to the CEA. If you have questions regarding the CEA or the PSA, please contact Square at 000.000.0000.

  1. Use of Site and Storage of Material

The website is hosted by BlueHost, and is protected by SiteLock and secured by Comodo PositiveSSL.

You acknowledge that we may establish general practices and limits concerning use of the services available on our site, including without limitation the maximum number of days that uploaded content will be retained on the site, the maximum disk space that will be allotted or our servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the services in a given period of time. You agree that we have no responsibility or liability for the deletion or failure to store any content maintained or transmitted on or through this site. You acknowledge that we reserve the right to log off accounts which have not paid a subscription fee that are inactive for an extended period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in our sole discretion, with or without notice.

We provide storage space and access for material through our site. For purposes of these Terms of Service, “material” refers to all forms of communication that we may allow, including narrative descriptions, graphics (including photographs, illustrations, images, drawings, logos), executable programs, video recordings, and audio recordings. You may not use this site to publish material that we determine, at our sole discretion, to be unlawful, indecent, or objectionable, or which violates the restrictions described in “Conduct on Site” below. We will not routinely monitor the contents of your online portfolio. You are solely responsible for any information contained in your online portfolios. However, if complaints are received regarding language, content, or graphics contained in your online portfolio, we may, at our sole discretion, remove the images hosted on our servers and terminate your Web hosting service. We may also suspend the account, restrict access to it, or remove content from it if necessary or appropriate.

The accounts of our users operate on shared resources. Excessive use or abuse of these shared network resources by one user may have a negative impact on all other users. Misuse of network resources in a manner that impairs network performance, including excessive consumption of CPU time, memory, disk space, and session time, is prohibited and may result in termination of your account or limitation of your activities.

This site is not designed or intended to be used as a disaster recovery facility or as an emergency data storage facility. Although we take reasonable precautions to preserve and protect the material you upload to the site, you should not rely on the site as your only storage facility. You should preserve backup copies of any digital data, information, or other materials that you have uploaded. You agree not to hold us for any damage to, any deletion of, or any failure to store your files, data, or Registration Data.

  1. User’s Materials

Subject to our Privacy Policy, any communication or material that you transmit to this site or to us, whether by electronic mail or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain all rights in such communications or material, you grant us and our designated licensees a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.

Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals; accordingly, we request that you do not submit them to us in any circumstance.

  1. Intellectual Property Claims

We respect the intellectual property of others and we ask you to do the same. If you or any user of this site believes its copyright, trademark, or other property rights have been infringed by a posting on this site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must include:

  • A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
  • Identification of the copyrighted work claimed to have been infringed;
  • Information reasonably sufficient to permit us to contact the complaining party, such as address, telephone number and, if available, an electronic mail address at which the complaining party may be contacted;
  • Identification of the material that is claimed to be infringing, or to be subject to infringing activity, and that is to be removed and information reasonably sufficient to permit us to locate the materials;
  • A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, agent, or the law; and
  • A statement that the information in the notification is accurate and, under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed.

Pursuant to the Digital Millennium Copyright Act, 17 U.S.C. Sec. 512(c), our Designated Agent for Notice of claims of copyright infringement can be reached as indicated below. Service of repeat infringers of copyright or of users about whom repeat claims of copyright infringement are received will be terminated.

  1. Designated Agent for Claimed Infringement:
  • Fractio Copyright Agent
    301 W. Platt St.
    #A257
    Tampa, Florida 33596
    Phone: (727) 692-5933
    E-mail: support@fractio.co

You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.

  1. User Conduct on Site

Your use of the site is subject to all applicable laws and regulations, including Netiquette, and you are solely responsible for the contents of your communications through the site. By posting information in or otherwise using any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this site, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content — including text, communications, software, images, sounds, data, or other information — that:

  • Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
  • Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
  • Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
  • Constitutes unauthorized or unsolicited advertising, junk or bulk e-mail (also known as “spamming”), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
  • Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
  • Impersonates any person or entity, including any of our employees or representatives.

We neither endorse nor assume any liability for the contents of any material uploaded or submitted by third party users of the site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this site. However, we and our agents have the right at their sole discretion to remove any content that, in our judgment, does not comply with these Terms of Service and any other rules of user conduct for our site, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content. See “User’s Materials” above for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

In addition, you may not use your account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the site may be available to you or other authorized users of the site. You shall not interfere with anyone else’s use and enjoyment of the site or other similar services. Users who violate systems or network security may incur criminal or civil liability.

Furthermore, Fractio discourages, and refuses to support Advisor services include drugs, illegal activity, firearms and/or weapons, prostitution, and the exchange of the cash value for an Experience booking. If Fractio discovers any of the above referenced activity on any page or listing, the cited account may be terminated at our sole discretion.

You agree that we may at any time, and at our sole discretion, terminate your account without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.

Other user conduct considerations:

  • Requesting or providing Email addresses, Skype/IM usernames, telephone numbers or any other personal contact details to communicate outside of Fractio to circumvent or abuse the Fractio platform is not permitted.
  • Any necessary exchange of personal information required to continue a service may be exchanged within the Advisor’s email address on the Fractio domain.
  • Fractio does not provide protection for users who interact outside of the Fractio platform.
  • All information and file exchanges must be performed exclusively on Fractio platform.
  • Rude, abusive, improper language, or violent messages will not be tolerated and may result in an account warning or the suspension/removal of Clients or Advisors.
  • Fractio is open to everyone. You agree that by using the Fractio platform, you will not discriminate against any other user based on gender, race, age, religious affiliation, sexual orientation or otherwise and you acknowledge that such discrimination may result in the suspension or removal of your account.
  • Users may not submit proposals or solicit parties introduced through Fractio to contract, engage with, or pay outside of Fractio.

Violations

  • Users may receive a warning to their account for violations of our Terms of or any user misconduct reported to us. A warning will be sent to the user’s email address. Warnings do not limit account activity but can lead to your account becoming permanently disabled based on the severity of the violation.
  • Intellectual Property Claims will be responded to by Fractio if they are clear and complete notices of alleged copyright infringement, and/or violation of third party’s Terms of Service. Our “Intellectual Property claims” procedure can be reviewed above in “User’s Materials”.
  1. Intellectual Property Information

Copyright © 2022 Fractio All Rights Reserved.

For purposes of these Terms of Service, “content” is defined as the Site, and any information, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our site. This includes, but is in no way limited to, message boards, chat, and other original content.

By accepting these Terms of Service, you acknowledge and agree that all content presented to you on this site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of Fractio and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this site. Any unauthorized use of the materials appearing on this site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.

Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this site will not infringe the rights of third parties. See “Intellectual Property Claims” above for a description of the procedures to be followed in the event that any party believes that content posted on this site infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.

The following are registered trademarks, trademarks, or service marks of Fractio or its Affiliates. All custom graphics, icons, logos, and service names are registered trademarks, trademarks or service marks of Fractio or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in these Terms of Service grants you any right

Users have no right, and specifically agree not to do the following with respect to the Site or any part, component or extension of the Site: (i) copy, transfer, adapt, modify, distribute, transmit, display, create derivative works, publish or reproduce it, in any manner; (ii) reverse assemble, decompile, reverse engineer or otherwise attempt to derive its source code, underlying ideas, algorithms, structure or organization; (iii) remove any copyright notice, identification or any other proprietary notices; (iv) use automation software (bots), hacks, modifications (mods) or any other unauthorized third-party software designed to modify the Site; (v) attempt to gain unauthorized access to, interfere with, damage or disrupt the Site or the computer systems or networks connected to the Site; (vi) circumvent, remove, alter, deactivate, degrade or thwart any technological measure or content protections of the Site; (vii) use any robot, spider, crawlers or other automatic device, process, software or queries that intercepts, “mines,” scrapes or otherwise accesses the Site to monitor, extract, copy or collect information or data from or through the Site, or engage in any manual process to do the same, (viii) introduce any viruses, trojan horses, worms, logic bombs or other materials that are malicious or technologically harmful into our systems, (ix) use the Site in any manner that could damage, disable, overburden or impair the Site, or interfere with any other users’ enjoyment of the Site or (x) access or use the Site in any way not expressly permitted by these Terms of Service. Users also agree not to permit or authorize anyone else to do any of the foregoing.

Except for the limited right to use the Site according to these Terms of Service, Fractio owns all right, title and interest in and to the Site (including any and all intellectual property rights therein) and you agree not to take any action(s) inconsistent with such ownership interests. We reserve all rights in connection with the Site and its content (other than UGC) including, without limitation, the exclusive right to create derivative works.

  1. Feedback Rights

To the extent that you provide Fractio with any comments, suggestions or other feedback regarding Fractio as a platform, or the Site as a whole, as well as other Fractio products or services (collective, the “Feedback”), you will be deemed to have granted Fractio an exclusive, royalty-free, fully paid up, perpetual, irrevocable, worldwide ownership rights in the Feedback. Fractio is under no obligation to implement any Feedback it may receive from users.

  1. Confidentiality

Advisors should recognize that there might be a need for Clients to disclose certain confidential information to be used by Advisors for the purpose of delivering the ordered Project, and to protect such confidential information from unauthorized use and disclosure. Therefore, Advisors agree to treat any information received from Clients as highly sensitive, top secret and classified material. Without derogating from the generality of the above, Advisors specifically agree to (i) maintain all such information in strict confidence; (ii) not disclose the information to any third parties; (iii) not use the information for any purpose except for delivering the ordered work; and (vi) not to copy or reproduce any of the information without the Client’s permission.

  1. Ownership

Ownership and limitations: When purchasing a service on Fractio, unless clearly stated otherwise on the Advisor’s page, when the work is delivered, and subject to payment, the Client is granted all intellectual property rights, including but not limited to, copyright in the work delivered from the Advisor, and the Client waives any and all moral rights therein. Accordingly, the Advisor expressly assigns to the Client the copyright in the delivered work.

All transfer and assignment of intellectual property to the Client shall be subject to full payment for the Project, and the delivery may not be used if payment is cancelled for any reason. For removal of doubt, in custom created work (such as art work, design work, report generation etc.), the delivered work and its copyright shall be the exclusive property of the Advisor and, upon delivery, the Advisor agrees that it thereby, pursuant to these Terms of Service, assigns all right, title and interest in and to the delivered work to the Client.

If a Client intends to use a written, verbal, or designed Task work created by an Advisor for any charge or other consideration, or for any purpose that is directly or indirectly in connection with any business, or other undertaking intended for profit, the Client is granted Commercial Use (Buy-Out) and will have broader rights that cover business .

  1. Commercial Rights (Buy-Out)

The Advisor grants the Client a license to use the written, verbal, or designed Project work for any corporate, promotional and non-broadcast purposes. Corporate, promotional and non-broadcast purposes means any business related use for the creation of, or to promote a for-product profit or service (with the exception of paid marketing channels), such as (by way of example): explainer videos posted to company websites, social networks or email campaigns, audiobooks, podcast intros, and strictly excludes any illegal, immoral or defamatory purpose.

By purchasing a Project, you receive a “Commercial Use License” with the delivery of the Project(s). The Advisor grants you a perpetual, exclusive, non-transferable, worldwide license to use the purchased delivery for Permitted Commercial Purposes. For the avoidance of doubt, the Advisor retains all ownership rights. “Permitted Commercial Purposes” means any business-related use, such as (by way of example) advertising, promotion, creating web pages, integration into product, software or other business-related tools etc., and strictly excludes any illegal, immoral or defamatory purpose. This License is subject to Fractio’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Advisor nor Fractio will be liable for any claims, or incidental, consequential, or other damages arising out of this license, the delivery or your use of the delivery.

  1. Full Broadcast Rights (Buy-Out)

Purchasing a Full Broadcast Rights (Buy-Out) with your Task, in addition to the Commercial Rights, the ADVISOR grants you with a license for full broadcasting, which includes internet, radio, and TV “paid channels” including (by way of example): television commercials, radio commercials, internet radio, and music/video streaming platforms, and strictly excludes any illegal, immoral or defamatory purpose.

This Buy-Out is subject to Fractio’s Terms of Service. There is no warranty, express or implied, with the purchase of this delivery, including with respect to fitness for a particular purpose. Neither the Advisor nor Fractio will be liable for any claims, or incidental, consequential or other damages arising out of this license, the delivery or your use of the delivery.

  1. Disclaimer of Warranties

ALL MATERIALS AND SERVICES ON THIS SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (a) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (b) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (c) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (d) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS, OR DEFECTS.

THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES, OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.

THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.

FURTHER, ALL PURCHASES MADE THROUGH THIRD PARTY, OR AFFILIATE SITES ARE SUBJECT TO THE TERMS AND CONDITIONS, PRIVACY POLICY, AND REFUND POLICY OF THE SPECIFIC SELLER. MOREOVER, ALL EXPERIENCES PURCHASED THROUGH THE SITE ARE SUBJECT TO THE SPECIFIC MERCHANT’S REFUND AND CANCELLATION POLICY. FRACTIO ENCOURAGES ALL PARTIES TO HANDLE DISPUTES BETWEEN THE USER AND MERCHANT.

Through your use of the site, you may have opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance, and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandise and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.

Content available through this site often represents the opinions and judgments of an information provider, site user, or other person or entity not connected with Fractio. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized Fractio spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this site for further information, which policies are incorporated by reference into these Terms of Service.

In addition, the materials on this site may include sample or form agreements, letters or other documents, including financially or legally significant documents such as contracts and other items (“Forms”). These Forms are provided solely as examples of typical documents of their kind, and the delivery and use of Forms does not constitute legal, accounting, or other professional advice. Under no circumstances will Fractio or its Affiliates be liable for any loss or damages caused by your reliance on information or advice obtained through this site, including your use of any of the Forms. It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinions, advice, Forms, or other content available on or through this site. In particular, you are urged to consult an appropriate professional licensed in your jurisdiction before using any Forms or otherwise relying on any legal, accounting, or other professional advice or information obtained on or through this site.

SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES; CONSEQUENTLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Limitation on Liability

Your exclusive remedy and our entire liability, if any, for any claims arising out of these TERMS OF SERVICE and your use of this site shall be limited to the amount you paid us for the services on the site during the one (1) month period before the act giving rise to the liability.

IN NO EVENT WILL FRACTIO, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, CONRACTORS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE SITE OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.

WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.

FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING, WITHOUT LIMITATION, THE PROCESSING OF ORDERS.

SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES; CONSEQUENTLY, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

  1. Third Party Sites and Information

This site may link you to other sites on the Internet or otherwise include references to information, documents, software, materials and/or services provided by other parties. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.

  1. Indemnification

Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees, that arise from your use or misuse of this site. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses.

  1. Participation in Promotions

From time to time, this site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties, or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation, or responsibility for any part of any such correspondence or promotion.

  1. E-mail Services

We may make e-mail services available to users of our site, through third-party providers, Google Workspace and MailChimp.

We will not inspect or disclose the contents of private e-mail messages except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as otherwise required by law or by court or governmental order. Further information is available in our Privacy Policy. Further, if at any point you wish to stop receiving messages from our site, you will have the option to opt-out.

We may employ automated monitoring devices or techniques to protect our users from mass unsolicited mailings (also known as “spam”) and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect and we will not be responsible for any legitimate communication that is blocked or for any unsolicited communication that is not blocked.

Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block e-mail messages that exceed the limit. We will not be responsible for such deleted or blocked messages.

  1. Security and Password

You are solely responsible for maintaining the confidentiality of your password and account and for any and all statements made, and acts or omissions that occur through, the use of your password and account, including any mail sent and any charges incurred. Therefore, you must take steps to ensure that others do not gain access to your password and account. Our personnel will never ask you for your password. You may not transfer or share your account with anyone and we reserve the right to immediately terminate your account in the event of any unauthorized transfer or sharing thereof.

  1. Export Controls

Software available on or through this site is subject to United States Export Controls. No software from this site may be downloaded or exported (a) into (or to a resident of) Cuba, Iraq, Libya, North Korea, Iran, Syria, or any other country which the United States has embargoed goods; or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By downloading or using the software, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country listed above or of any such country listed on any list named above.

  1. International Use

Although this site may be accessible worldwide, we make no representation that materials on this site are appropriate or available for use in locations outside the United States, and accessing the site from territories where the contents of the site are considered to be illegal is prohibited. Those who choose to access this site from other locations do so on their own initiative and are responsible for compliance with local laws. Any offer for any product, service, and/or information made in connection with this site is void where prohibited.

  1. Termination of Use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the site with or without notice and for any reason, including, without limitation, breach of these Terms of Service. Any suspected fraudulent, abusive, or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.

Upon termination or suspension, regardless of the reasons therefore, your right to use the services available on this site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or this site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection therewith. Sections 1, 4, 6-13, 16, and 20-24 of these Terms of Service, as well as your liability for any unpaid fees, shall survive any termination.

  1. Mediation

We may elect to resolve any controversy or claim arising out of or relating to these Terms or the site, by mediation. The mediator shall be chosen by MezzeCulture, and all mediation proceedings shall take place in Austin, Florida. In the event a dispute is not resolved via mediation, all suits should be filed in accordance with section 22, below.

  1. Governing Law

This site (excluding any linked sites) is controlled by us from our offices within the State of Florida, United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this site, both of us agree that the statutes and laws of the State of Florida, without regard to the conflicts of laws principles thereof and the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this site and the purchase of products and services available through this site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of the Superior Court of Travis County and the United States District Court for the Western District of Florida with respect to such matters.

  1. Notices

All notices to a party shall be in writing and shall be made either via e-mail or conventional mail. Notices to us must be sent to the attention of User Support at support@fractio.co, if by e-mail, or at 301 W. Platt St. #A257, Tampa, FL 3366 if by conventional mail. Notices to you may be sent either to the e-mail address supplied for your account or to the address supplied by you as part of your Registration Data. In addition, we may broadcast notices or messages through the site to inform you of changes to the site or other matters of importance. Such broadcasts shall constitute notice to you.

Any notices or communication under these Terms of Service will be deemed delivered to the party receiving such communication (a) on the delivery date if delivered personally to the party; (b) two business days after deposit with a commercial overnight carrier, with written verification of receipt; (c) five business days after the mailing date, if sent by US mail, return receipt requested; (d) on the delivery date if transmitted by confirmed facsimile; or (e) on the delivery date if transmitted by confirmed e-mail.

  1. Entire Agreement

These Terms of Service constitute the entire agreement and understanding between us concerning the subject matter hereof and supersedes all prior agreements and understandings of the parties with respect thereto. These Terms of Service may NOT be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement, or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this site is in conflict or inconsistent with these Terms of Service, these Terms of Service shall take precedence.

  1. Miscellaneous

In any action to enforce these Terms of Service, the prevailing party will be entitled to costs and attorneys’ fees. Any cause of action brought by you against us or our Affiliates must be instituted with one (1) year after the cause of action arises or it will be deemed forever waived and barred.

You may not assign your rights and obligations under these Terms of Service to any third party, and any purported attempt to do so shall be null and void. We may freely assign our rights and obligations under these Terms of Service.

You agree not to sell, resell, reproduce, duplicate, copy, or use for any commercial purposes any portion of this site or use of or access to this site.

In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.

If any part of these Terms of Service is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.

Any failure by us to enforce or exercise any provision of these Terms of Service or related rights shall not constitute a waiver of that right or provision.

  1. Contact Information

If you notice that any user is violating these Terms of Service, please contact us at support@fractio.co.