Terms of Use / Privacy Notice / Cookie Notice

Terms of Use

The following terms and conditions (the “Terms of Use”) constitute an agreement between you and famtastic and the services you use on our site/mobile app (“Services”).  You have read, understand, and agree to these Terms of Use and our Privacy Notice https://www.famtasticapp.com/terms-of-use/, and acknowledge that you are at least 18 years old.  If you do not agree to these Terms of Use and the Privacy Notice, do not use these Services.        

Changes to Terms of Use

We may revise and update these Terms of Use.  Your continued use of the Services following the posting of revised Terms of Use means that you accept and agree to the changes.

Scope of and Restrictions on Use

Subject to these Terms of Use, famtastic grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services for your personal, non-commercial use or legitimate business purposes, including any graphics, text, instructions, images, audio files and/or other sounds, videos, and other materials you may view on, access through, or are otherwise related to the Services (collectively, the “Content”).  Except as otherwise provided in these Terms of Use, the Content may not be copied, downloaded, or stored in a retrieval system for any other purpose, nor may it be redistributed, reused, or modified for any purpose, without the express written permission of famtastic.  You agree not to:

  • collect information from the Services using an automated software tool or manually on a mass basis;
  • use automated means to access the Services, or gain unauthorized access to the Services or to any account or computer system connected to the Services;
  • obtain, or attempt to obtain, access to areas of the Services or our systems that are not intended for access by you;
  • “flood” the Services with requests or otherwise overburden, disrupt, or harm the Services or our systems;
  • restrict or inhibit other users from accessing or using the Services;
  • modify or delete any copyright, trademark, or other proprietary rights notices that appear on the Site or in the Content; or
  • access or use the Services or Content for any unlawful purpose or otherwise beyond the scope of the rights granted herein.

Ownership

The Services (including the Content) are owned by famtastic and are protected under copyright, trademark, and other applicable United States and international laws and treaties.   Without limiting the foregoing, the trademarks, service marks, and logos displayed on this site are registered and unregistered marks of famtastic and its licensors.  You acknowledge and agree that, as between you and famtastic, famtastic is and shall remain the sole owner of the Services and the Content, including, without limitation, all patents, copyrights, trademarks, trade secrets, and other intellectual property and proprietary rights therein and thereto. 

Account Registration and Security

Access to and use of certain Services may require you to register for an account.  You agree to provide true, accurate, current, and complete information about yourself as prompted by the applicable registration or log-in form, and you are responsible for keeping such information up to date.  You are responsible and liable for all activities conducted through your account, regardless of who conducts those activities.  You may not share your account with anyone or allow anyone else to access or use your account.  You are responsible for maintaining the confidentiality of your account information, including your username and password.  You agree to immediately notify famtastic of any unauthorized use of your account, or any other breach of security.  We are not liable for any loss or damage arising from your failure to protect your username or password.

Electronic Communications

The communications between you and famtastic via the Services use electronic means.  For contractual purposes, you consent to receive communications from us in electronic form, and you agree that all terms and conditions, agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Privacy Notice 

You acknowledge and agree that all information collected by famtastic is subject to our Privacy Notice https://www.famtasticapp.com/terms-of-use/.  By using the Services, you consent to all actions we take with respect to your information in compliance with our Privacy Notice.

Change and Suspension

Famtastic reserves the right to make changes to, suspend, or discontinue (temporarily or permanently) the Services or any portion thereof (including any Content) at any time.  You agree that famtastic will not be liable to you or to any third party for any such change, suspension, or discontinuance.

Famtastic has the right to deny access to, and to suspend or terminate your access to, the Services or to any features or portions thereof if you violate these Terms of Use.  In the event that we suspend or terminate your access to the Services, you will continue to be bound by the Terms of Use that were in effect as of the date of your suspension or termination.

Disclaimer of Warranties 

The Services and the Content are provided to you on an “as is” and “as available” basis, without warranties of any kind, and famtastic hereby disclaims all warranties, whether express, implied, statutory, or otherwise, including but not limited to any implied warranties of merchantability, fitness for a particular purpose, and non-infringement.  Neither famtastic nor any person associated with famtastic makes any representation or warranty with respect to the completeness, security, reliability, quality, accuracy, or availability of the Services or the Content.  Without limiting the foregoing, neither famtastic nor anyone associated with famtastic represents or warrants that the Services or the Content will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that the Services, the Content, or the servers that make them available are free of viruses or other harmful components, or that the Services or the Content will otherwise meet your needs or expectations.         

Limitation of Liability 

To the fullest extent permitted by law, in no event will famtastic or its officers, directors, employees, agents, licensors, or service providers be liable for any direct, indirect, incidental, consequential, special, punitive, or exemplary damages arising from or related to your use of or inability to use the services or the content, including, but not limited to, personal injury or death, loss of revenue, loss of profits, loss of business, loss of use, or loss of data, whether caused by tort (including negligence), breach of contract, or otherwise, even if foreseeable.  If, notwithstanding the provisions of this section, famtastic is found liable for any loss, damage, or injury under any legal theory relating in any way to the subject matter of these terms of use, in no event will famtastic’s aggregate liability to you or any third party exceed the total amount of fees, if any, paid by you to famtastic in the twelve month period preceding the event giving rise to the claim or U.S. $100, whichever is less.  The foregoing limitations shall apply even if your remedies under these terms of use fail their essential purpose.  Use of the Services are at your own risk.             

Indemnification

You agree to indemnify, defend, and hold famtastic and its officers, directors, employees, agents, licensors, and service providers harmless from and against any claims, liabilities, losses, damages, judgments, awards, costs, and expenses (including reasonable attorneys’ fees) arising out of or resulting from your use of the Services and/or any Content, or any violation of these Terms of Use or applicable law.  We reserve the right, at our own expense, to assume the exclusive defense and control of any action subject to indemnification by you, and in such event you agree to cooperate with us in defending such action. Your indemnification, defense, and hold harmless obligations will survive the termination of your use of the Services and/or these Terms of Use.

Use of Email

You agree to allow famtastic access to email you, the user, on app updates and benefits.

Third-Party Materials

The Services may display, include, or make available third-party content (including data, information, applications and other products services and/or materials) or provide links to third-party websites or services (collectively, “Third-Party Materials”).  You acknowledge and agree that famtastic is not responsible for any Third-Party Materials, including their accuracy, completeness, timeliness, validity, legality, decency, quality, or any other aspect thereof.  famtastic does not assume and will not have any liability to you or any other person or entity for any Third-Party Materials.  Third-Party Materials and links thereto are provided solely as a convenience to you, and you access and use them at entirely at your own risk and subject to such third parties’ terms and conditions.

Third-Party Platforms

Famtastic may provide the Services to you through third-party websites, operating systems, platforms, and portals (collectively, “Third-Party Platforms”).  Additional terms and conditions may apply to you with respect to your use of Third-Party Platforms, which are not under famtastic’s control.  famtastic does not assume any responsibility or liability for your use of such Third-Party Platforms.

Governing Law; Jurisdiction and Venue 

These Terms of Use and any dispute or claim arising out of or related to these Terms of Use, their subject matter, or their formation shall be governed by and construed in accordance with the laws of the State of Utah, other than such laws and case law that would result in the application of the laws of a jurisdiction other than the State of Utah. 

Questions & Complaints

For more information about our privacy practices, if you have questions, would like to report unethical behavior, or if you would like to make a complaint, please contact us please contact us at support@famtasticapp.com.

Privacy Notice

This Privacy Notice explains the types of personal information we collect when you use our site (“Services”).

Privacy Principles

We do not collect any more personal information about you than is necessary.  We only use your personal information for the purposes we specify in this Policy, unless you agree otherwise.  We do not keep your personal information if it is no longer needed.  Other than as we specify in this Policy, we do not share your personal information with third parties.

Personal Information

The types of personal information that we may collect from you may include, without limitation: contact information, such as name, postal address, email address, and phone number; or demographic information, such as age, date of birth, gender, job information, and postal code.

Aggregate Information

When visiting our website/mobile app, we may track the referring URL (the webpage you left before coming to our site and the pages, links, and graphics of the website you visited.  This allows us to compile aggregate statistics about site usage and the popularity and effectiveness of the Services.  This information is gathered globally and is not personally identifiable.  Some of your browsing sessions may be translated into information that helps us make the Services better.  If you would like to disable this tracking, please contact us at support@famtasticapp.com.

Cookies

We may collect certain information with cookies but only for use of the Services.  These cookies are known as “session cookies” and enable famtastic to keep track of your movement so you don’t get asked for information you’ve already given.  We do not collect any of your information for advertising companies. 

Legal Basis

We will collect personal information from you only where we have your consent to do so, where we need the personal information to perform a contract with you (for example, when providing the Services), or where the processing is in our legitimate interests and not overridden by your data protection interests or fundamental rights and freedoms.  In some cases, we may also have a legal obligation to process personal information about you or may need to process personal information in to exercise, establish, or defend legal claims.

How We Use Personal Information

We may use information we obtain about you to:

  • Process and complete transactions you have requested using the Services,
  • Maintain a record of your purchases and other transactions using the Services;
  • Respond to your questions and comments and provide customer support;
  • Operate, evaluate, and improve our business and the products and services we offer;
  • Analyze trends and statistics regarding use of the Services;
  • Protect against and prevent fraud, unauthorized transactions and manage risk exposure;
  • Enforce our Terms of Use [hyperlink to be inserted] and other agreements; and
  • Comply with applicable legal requirements and industry standards.

How We Disclose Personal Information

We may disclose aggregated information about our user, and information that does not identify any individual user, without restriction.  We may disclose personal information about you:

  • To contractors, service providers, and other third parties we use to support our business and who are bound by contractual obligations to keep personal information confidential;
  • To comply with any court order, law, or legal process;
  • To enforce or apply our Terms of Use [hyperlink to be inserted] and other agreements;
  • If we believe disclosure is necessary or appropriate to protect the rights, property, or safety of famtastic, users of the Services, or others; and
  • With your consent.

We also reserve the right to transfer your personal information to a buyer or other transferee in the event of a merger, divestiture, restructuring, reorganization, dissolution, sale, or other transfer of some or all of our assets.  Should such a sale, merger, or transfer occur, we will use reasonable efforts to direct the transferee to use your personal information in a manner that is consistent with our Policy.

Data Security and Retention

We have implemented measures intended to protect your personal information from accidental loss and from unauthorized access, use, alteration and disclosure.  Please note that the electronic transmission of information is not completely secure.  We cannot guarantee that the security measures we have in place to safeguard personal information will never be defeated or fail, or that such measures will always be effective.  We will retain your information for as long as your account is active or as needed to for our internal purposes.  You may request to delete your account information by contacting us at support@famtasticapp.com.

Your Rights and Choices

You have the following rights and choices about the personal information we collect from you and how we communicate with you: 

Right to Access.  You have the right to request a copy of any information that we hold about you.  If you would like a copy of this information, please contact us at support@famtasticapp.com.

Right to Rectify.  If you discover that the personal information we hold about you is incorrect or out of date, you may ask us to correct that information.

Right to be Forgotten/Cease Processing.  You may ask us to delete or cease processing the personal information we hold about you in certain circumstances.  It may not be possible for us to delete or cease processing all the personal information we hold about you where we have an ongoing relationship, however please contact us at support@famtasticapp.com and we will do our best to assist with your request.

Right to Withdraw Consent.  Where we process your data on the basis that you have consented to such processing, you have the right to withdraw your consent at any time by unsubscribing or contacting us, as applicable.

Right to Portability.  You may ask us to transfer your personal information to a third party in certain circumstances.  If you would like any other information regarding this right, please contact us at support@famtasticapp.com.

Web Analytics.  You may opt out of the aggregation and analysis of data collected about you on our website by Google Analytics by installing the browser plugin available here:  https://tools.google.com/dlpage/gaoptout.

Third-Party Services.  The Services may enable you to interact with other third-party services, such as payment card processors, accounting or record keeping services, and ACH services (each a “Third Party Service”).  These Third-Party Services or websites may have privacy practices that differ from those of famtastic.  If you submit Personal Information to any of those websites or Third- Party Services, your information is governed by their privacy policies.  We encourage you to carefully read the privacy policy of any Third-Party Service you visit.

How We Respond to Do Not Track Signals.  Your web browser may let you choose your preference as to whether you want to allow the collection of information about your online activities over time and across different websites or online services.  At this time, the Services do not respond to the preferences you may have set in your web browser regarding such collection of your information, and the Services may continue to collect information in the manner described in this Statement.

Children Under the Age of 13. Some Services may be directed to children under the age of 13.  For questions please email us at support@famtasticapp.com.

COPPA requires that famtastic give parents “direct notice” of information practices before collecting information from kids. For famtastic’s mobile app to perform its intended function, Famtasic may collect the following information from children under the age of 13:

  • Calendar event information
  • Chore item information
  • Shopping list items
  • To – Do lists
  • Financial budgeting items
  • Piggy bank information
  • Family profile pictures
  • User names
  • All other information deemed necessary for mobile app to perform its intended function.

You the user accept and consent to the collection, use, and disclosure of the information above for children under the age of 13. You also acknowledge that you are over the age of 18. The above information may be viewed from all users within the account and to trusted third parties. This account may be deleted from famtastic’s record upon request at support@famtasticapp.com.

Changes to this Statement. Famtastic may amend this Policy from time-to-time.  For material changes to this Policy, famtastic will place a prominent notice on this website and send an email notification of the change.  In the event we make a material change to how we use your personal information, we will also provide you with an opportunity to opt out of such new or different use.  The date this Policy was made effective is at the top of this page.  Any future revisions and their dates will also be at the top of this page.

Contact Us.  If you have any questions about this Policy or our information practices, please email us at support@famtasticapp.com.