Terms of Service

1. Scope and Acceptance

1.1 Application of Terms

These Terms of Service ("Terms") apply solely to your access and use of the Fulfil.IO Inc. marketing website located at https://www.fulfil.io (the "Website"). These Terms constitute a legally binding agreement between you and Fulfil.IO Inc. ("Fulfil," "we," "us," or "our").

Important: These Terms apply only to the Website. If you are a customer of our Fulfil ERP software platform, your use is governed by the Agreement and any addenda that you signed, not these Website Terms.

1.2 Acceptance

By accessing or using the Website, you acknowledge that you have read, understood, and agree to be bound by these Terms, our Privacy Policy, and our Cookie Policy. If you do not agree to these Terms or our other policies, you must not access or use the Website.

1.3 Eligibility

You must be at least 18 years old to use this Website. By using the Website, you represent and warrant that you meet this age requirement. If you are using the Website on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

1.4 Modifications to Terms

We may modify these Terms from time to time by updating this page and changing the "Last Modified" date above. Your continued use of the Website after we post modifications constitutes your acceptance of the modified Terms. We encourage you to review these Terms periodically.

2. Use of the Website

2.1 Permitted Use

You may access and use the Website for lawful business purposes, including:

Viewing information about our products and services
Submitting inquiries through contact forms
Requesting product demonstrations
Downloading publicly available marketing materials
Reading blog posts and other published content

2.2 Prohibited Uses

You agree not to:

Use the Website for any unlawful purpose or in violation of any applicable laws or regulations
Use automated systems, including "robots," "spiders," "scrapers," or similar data gathering and extraction tools to access, download, or index any portion of the Website without our express written permission
Attempt to gain unauthorized access to any portion of the Website, including administrative areas, server infrastructure, or networks connected to the Website
Interfere with or disrupt the integrity, performance, or security of the Website or the data contained therein
Probe, scan, or test the vulnerability of the Website or any network connected to the Website, or breach any security or authentication measures
Reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code of any software or algorithms used on the Website
Remove, obscure, or alter any copyright, trademark, or other proprietary rights notices displayed on or in connection with the Website
Transmit any viruses, worms, malware, or other malicious code through the Website
Submit false, misleading, or fraudulent information through contact forms or other submission mechanisms
Impersonate any person or entity, or falsely state or misrepresent your affiliation with any person or entity
Use the Website to gather competitive intelligence or for any competitive purpose
Use the Website in any manner that could damage, disable, overburden, or impair our servers or networks
Violate or encourage others to violate any applicable laws, regulations, or third-party rights

2.3 Compliance with Laws

You are responsible for ensuring that your use of the Website complies with all applicable local, state, national, and international laws and regulations.

3. User Submissions and Feedback

3.1 Information You Provide

When you use contact forms, request demonstrations, sign up for newsletters, or otherwise submit information through the Website, you represent and warrant that:

All information you provide is accurate, current, and complete
You have the authority to provide such information
Your submission does not violate any applicable laws or third-party rights

3.2 Feedback and Suggestions

If you provide us with any feedback, suggestions, ideas, or other input regarding our products, services, or business ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free, fully-paid, sublicensable, and transferable license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such Feedback in any media and for any purpose, including but not limited to:

Improving our products and services
Developing new features or offerings
Marketing and promotional materials

You acknowledge that we have no obligation to compensate you for any Feedback or to keep any Feedback confidential.

3.3 Customer Names and Testimonials

We will not use your company name, logo, or testimonials in our marketing materials without a separate written agreement. Any use of customer references requires explicit authorization under your customer agreement or a separate marketing consent.

3.4 No Obligation

We are under no obligation to review, respond to, or act upon any Feedback or information you submit. We reserve the right to use or not use Feedback in our sole discretion.

4. Intellectual Property Rights

4.1 Ownership of Website Content

All content on the Website, including but not limited to text, graphics, logos, images, audio clips, video, data compilations, software, and the compilation thereof (collectively, "Content"), is the property of Fulfil.IO Inc. or its licensors and is protected by United States and international copyright, trademark, patent, trade secret, and other intellectual property laws.

4.2 Trademarks

"Fulfil," "Fulfil.IO," the Fulfil logo, and other marks used on the Website are trademarks or registered trademarks of Fulfil.IO Inc. You may not use any of our trademarks without our prior written permission.

4.3 Limited License

Subject to your compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Website and its Content for your personal or internal business purposes. This license does not include any right to:

Modify, copy, reproduce, distribute, or create derivative works from the Content
Use the Content for commercial purposes beyond evaluating our products and services
Remove or alter any copyright, trademark, or other proprietary notices from the Content
Transfer, sell, or sublicense the Content to any third party

4.4 Digital Millennium Copyright Act (DMCA)

If you believe that any content on the Website infringes your copyright, please notify us in accordance with the Digital Millennium Copyright Act (DMCA). Your notice should include:

Identification of the copyrighted work claimed to have been infringed
Identification of the allegedly infringing material and its location on the Website
Your contact information (address, telephone number, and email address)
A statement that you have a good faith belief that the disputed use is not authorized
A statement that the information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the owner's behalf
Your physical or electronic signature

Send DMCA notices to: legal@fulfil.io

We will respond to valid DMCA notices in accordance with applicable law.

5. Third-Party Links and Services

5.1 Third-Party Websites

The Website may contain links to third-party websites, services, or resources that are not owned or controlled by Fulfil.IO Inc. We provide these links for your convenience only and do not endorse or assume any responsibility for:

The content, privacy policies, or practices of any third-party websites or services
Any products or services offered by third parties
Any damages or losses arising from your use of third-party websites or services

5.2 No Liability for Third Parties

We have not reviewed all third-party websites linked from the Website and are not responsible for their content, accuracy, or availability. Your use of third-party websites is at your own risk, and you should review the terms and privacy policies of those websites.

5.3 Third-Party Service Providers

We use third-party service providers to operate and improve the Website (such as analytics, advertising, and marketing tools). These providers may collect information about your use of the Website as described in our Privacy Policy. For information about how we use cookies and similar tracking technologies, please see our Cookie Policy.

6. Disclaimers and Warranties

6.1 "As Is" Basis

THE WEBSITE AND ALL CONTENT, MATERIALS, INFORMATION, AND SERVICES PROVIDED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED.

6.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, FULFIL.IO INC. DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO:

IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT
WARRANTIES REGARDING THE ACCURACY, COMPLETENESS, RELIABILITY, OR TIMELINESS OF ANY CONTENT OR INFORMATION
WARRANTIES THAT THE WEBSITE WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE
WARRANTIES THAT DEFECTS OR ERRORS WILL BE CORRECTED
WARRANTIES REGARDING THE RESULTS THAT MAY BE OBTAINED FROM USE OF THE WEBSITE

6.3 No Professional Advice

The information provided on the Website is for general informational purposes only and does not constitute professional, legal, financial, or technical advice. You should not rely on information from the Website as a substitute for advice from qualified professionals.

6.4 Forward-Looking Statements

The Website may contain forward-looking statements about our products, services, or business plans. These statements are subject to risks and uncertainties and may not prove to be accurate. Actual results may differ materially from any forward-looking statements.

6.5 Accuracy of Materials

We make reasonable efforts to ensure that information on the Website is accurate, but the Website may contain technical, typographical, or photographic errors. We do not warrant that any materials on the Website are accurate, complete, or current. We may update materials at any time without notice, but we are under no obligation to do so.

7. Limitation of Liability

7.1 Limitation on Damages

TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FULFIL.IO INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AFFILIATES, OR LICENSORS BE LIABLE FOR ANY:

INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES
LOSS OF PROFITS, REVENUE, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES
DAMAGES RESULTING FROM YOUR USE OR INABILITY TO USE THE WEBSITE
DAMAGES RESULTING FROM ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS OR ANY PERSONAL INFORMATION STORED THEREIN
DAMAGES RESULTING FROM ANY INTERRUPTION OR CESSATION OF THE WEBSITE
DAMAGES RESULTING FROM ANY BUGS, VIRUSES, OR OTHER HARMFUL CODE TRANSMITTED THROUGH THE WEBSITE
DAMAGES RESULTING FROM ANY ERRORS, MISTAKES, OR INACCURACIES IN CONTENT
DAMAGES RESULTING FROM ANY THIRD-PARTY CONTENT OR CONDUCT ON OR ACCESSED THROUGH THE WEBSITE

7.2 Cap on Liability

TO THE FULLEST EXTENT PERMITTED BY LAW, OUR TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE WEBSITE SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100.00).

7.3 Exceptions

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN WARRANTIES OR DAMAGES. IN SUCH JURISDICTIONS, THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, OUR LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

7.4 No Limitation on Certain Liabilities

NOTHING IN THESE TERMS EXCLUDES OR LIMITS OUR LIABILITY FOR:

Death or personal injury caused by our negligence
Fraud or fraudulent misrepresentation
Any liability that cannot be excluded or limited under applicable law

8. Indemnification

You agree to indemnify, defend, and hold harmless Fulfil.IO Inc., its officers, directors, employees, agents, affiliates, successors, and licensors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

Your use of the Website
Your violation of these Terms
Your violation of any applicable laws or regulations
Your violation of any third-party rights, including intellectual property rights or privacy rights
Any information or content you submit through the Website

We reserve the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate with our defense of such claim.

9. Dispute Resolution

9.1 Informal Resolution

Before initiating any formal dispute resolution proceedings, you agree to first attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Website ("Dispute") informally by contacting us at legal@fulfil.io and providing a detailed description of the Dispute. We will attempt to resolve the Dispute informally for at least thirty (30) days before either party initiates arbitration or court proceedings.

9.2 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

If we cannot resolve a Dispute informally, any Dispute will be resolved through binding arbitration conducted by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect, except as modified by this Section. The arbitration will be conducted in Los Angeles County, California, or at another mutually agreeable location.

Arbitration Agreement:

The arbitration will be conducted by a single arbitrator
The arbitrator's decision will be final and binding
Judgment on the arbitration award may be entered in any court having jurisdiction
The arbitrator may award injunctive or declaratory relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim
Each party will bear its own costs and attorneys' fees unless the arbitrator determines otherwise

9.3 Class Action Waiver

YOU AND FULFIL.IO INC. AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING. Unless both you and we agree otherwise, the arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a representative or class proceeding.

9.4 Exception for Small Claims Court

Notwithstanding the foregoing, either party may bring an individual action in small claims court if the claim qualifies for small claims court jurisdiction.

9.5 Opt-Out Right

You have the right to opt out of this arbitration agreement by sending written notice of your decision to opt out to legal@fulfil.io within thirty (30) days of first accessing the Website or agreeing to these Terms. Your notice must include your name, address, and a clear statement that you wish to opt out of this arbitration agreement. If you opt out, all other terms of these Terms will continue to apply, but you and we will not be required to arbitrate Disputes.

9.6 Changes to This Section

Notwithstanding Section 1.4, if we make any future changes to this dispute resolution section (other than a change to our contact address), you may reject the change by sending us written notice within thirty (30) days of the change to legal@fulfil.io, in which case your account will be immediately terminated but the prior dispute resolution provisions will remain in effect.

10. Governing Law and Jurisdiction

10.1 Governing Law

These Terms and any Disputes will be governed by and construed in accordance with the laws of the State of California and applicable federal law, without regard to its conflict of law provisions.

10.2 Jurisdiction and Venue

If for any reason a Dispute proceeds in court rather than through arbitration, you and Fulfil.IO Inc. agree to submit to the exclusive personal jurisdiction and venue of the state and federal courts located in Los Angeles County, California. You hereby irrevocably waive any objection to jurisdiction and venue in such courts.

10.3 International Users

By accessing the Website from outside the United States, you acknowledge and agree that:

Your use of the Website is subject to California law
You consent to the transfer of information to the United States
You are responsible for compliance with any applicable local laws

11. General Provisions

11.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Fulfil.IO Inc. regarding the Website and supersede all prior or contemporaneous understandings and agreements, whether written or oral, regarding the Website.

11.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision will be modified to the minimum extent necessary to make it valid and enforceable, or if such modification is not possible, such provision will be severed from these Terms. The remaining provisions will continue in full force and effect.

11.3 Waiver

Our failure to enforce any right or provision of these Terms will not constitute a waiver of that right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by an authorized representative of Fulfil.IO Inc.

11.4 Assignment

You may not assign, transfer, or delegate any of your rights or obligations under these Terms without our prior written consent. We may freely assign or transfer these Terms without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties and their respective successors and permitted assigns.

11.5 No Agency Relationship

No agency, partnership, joint venture, employee-employer, or franchiser-franchisee relationship is intended or created by these Terms. You have no authority to bind Fulfil.IO Inc. in any way.

11.6 Survival

The following sections will survive the termination of these Terms: Sections 3 (User Submissions and Feedback), 4 (Intellectual Property Rights), 6 (Disclaimers and Warranties), 7 (Limitation of Liability), 8 (Indemnification), 9 (Dispute Resolution), 10 (Governing Law and Jurisdiction), and 11 (General Provisions).

11.7 Electronic Communications

By using the Website, you consent to receive electronic communications from us. These communications may include notices about your use of the Website and other information concerning or related to the Website. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically will satisfy any legal communication requirements, including that such communications be in writing.

11.8 Contact Information

For questions about these Terms, please contact us:

Email: legal@fulfil.io
Mail: Fulfil.IO Inc., 440 N Barranca Ave. #3853, Covina, CA 91723

12. Additional Terms for Specific Services

12.1 Newsletter and Marketing Communications

If you subscribe to our newsletter or marketing communications:

You may opt-in to receive marketing communications by providing your email address through our subscription forms or by checking opt-in boxes on our contact forms
You may unsubscribe at any time by clicking the unsubscribe link in any email, replying with "UNSUBSCRIBE," or contacting us at legal@fulfil.io
We will process your personal information in accordance with our Privacy Policy
You consent to receiving marketing communications until you unsubscribe or withdraw your consent
Your consent can be withdrawn at any time without affecting the lawfulness of processing based on consent before its withdrawal

Compliance with Anti-Spam Laws:

We comply with applicable anti-spam laws, including:

CAN-SPAM Act (United States): Our commercial emails include clear identification, accurate subject lines, valid physical postal addresses, and easy opt-out mechanisms
CASL (Canada's Anti-Spam Legislation): We obtain express or implied consent before sending commercial electronic messages to Canadian recipients
GDPR (European Union) and UK GDPR: We obtain explicit consent from EU and UK recipients before sending marketing communications, and you have the right to withdraw consent at any time
Other applicable laws: We follow anti-spam requirements in all jurisdictions where we send marketing communications

Your Rights:

Opt-in: You can choose to receive marketing communications by subscribing through our website or providing consent when submitting contact forms
Opt-out/Unsubscribe: You can withdraw consent and stop receiving marketing communications at any time using the methods described above
No penalty: Withdrawing consent will not affect any other services or your ability to use the Website
Prompt processing: We will process unsubscribe requests promptly, typically within 10 business days as required by applicable law

For more information about how we handle your personal data, please see our Privacy Policy.

12.2 Demo Requests

If you request a product demonstration:

We will use your information to schedule and conduct the demonstration in accordance with our Privacy Policy
Any information shared during demonstrations is subject to confidentiality obligations in our customer agreements (if applicable)
We may record demonstrations for quality and training purposes with your consent

12.3 Downloadable Content

If we offer whitepapers, guides, or other downloadable content:

You may download such content for your personal or internal business use only
You may not redistribute, sell, or commercially exploit such content
All intellectual property rights remain with Fulfil.IO Inc.

BY USING THE WEBSITE, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF SERVICE AND AGREE TO BE BOUND BY THEM.