Welcome to Fusion Ads Pro!
These Terms of Service ("Terms") establish the legal agreement, a company registered under the laws of United States, with its main office located at 144 Washington St, Newburgh, NY 12550
By using this website, we assume you agree to abide by these terms. If you do not agree with any part of these terms, please refrain from using Fusion Ads Pro: (i) who accesses or uses the website available at http://fusionadspro.com ("Website"), (ii) who utilizes the API and Services as described in Section 3 of these Terms, and/or (iii) who accesses any subdomain URLs associated with the Website pointing to the API, including but not limited to http://fusionadspro.com ("Subdomain URL(s)").
Prior to using the Website, Subdomain URLs, API, and Services, please carefully review these Terms. By accessing or using any of the aforementioned platforms, you agree to comply with and be bound by these Terms. If you do not agree with any part of these Terms, you should: (i) not use the API or Services, and (ii) refrain from accessing the Website, Subdomain URLs, and Services.
Continued use of the Website, Subdomain URLs, API, and Services after your initial access will indicate your acceptance of these Terms.
True Fusion Inc reserves the unilateral right to modify or replace these Terms at its discretion and at any time. It is your responsibility to periodically review these Terms for updates. Your ongoing access to the Website, use of the Subdomain URLs, API, and Services following any modifications to these Terms will be subject to the updated Terms.
1. True Fusion Inc grants you a limited, non-exclusive, non-transferable, and revocable right to access and use the Website, Subdomain URLs, Services, and API for the duration of the Subscription Plan you select. This grant does not transfer any rights not explicitly mentioned herein, which remain reserved by True Fusion Inc and its licensors. If you allow any third party to use the Services on your behalf, you are solely responsible for ensuring their compliance with these Terms.
2. You maintain all rights, title, and interest, including intellectual property rights, in your data. This encompasses any Deliverables, data, code, images, information in your User Account, parameters, URLs, screenshot dimensions, and all other materials related to your use of the Website, Subdomain URLs, Services, and API ("User Data"). By using the Services, you grant True Fusion Inc a limited, non-exclusive right to use your User Data at no cost. This use is strictly for True Fusion Inc to (i) exercise its rights under these Terms and (ii) fulfill its obligations as stated in these Terms.
1. True Fusion Inc offers you its proprietary Web-based Software-as-a-Service (SaaS) platform through the Website and Subdomain URLs. This platform allows you to capture and convert web pages from third-party websites into screenshot images.
2. The Services are rendered to you via True Fusion Inc's cloud-based 'Fusion Ads Pro' Application Programming Interface (API), collectively termed as the API.
3. You agree not to (i) use the Website, Subdomain URLs, API, and Services for any illegal or unlawful activities, or (ii) engage in any actions that disrupt or interfere with the API and Services.
4. While True Fusion Inc isn't obliged to monitor the Services or Deliverables, it reserves the right to (i) review and remove Deliverables from your User Account at its discretion; (ii) revoke your API and Services access without prior notice and for any reason; and (iii) disclose information to comply with applicable laws, regulations, or legal processes.
5. When using the Website, Subdomain URLs, API, and Services, you agree not to:
(i) Infringe upon any copyright, trademark, patent, trade secret, or other proprietary rights using Deliverables provided by True Fusion Inc;
(ii) Upload files containing harmful software or programs;
(iii) Capture screenshots of illegal or harmful content using the API and Services;
(iv) Take screenshots that may not be legally distributed;
(v) Alter or remove any copyright or proprietary designations;
(vi) Violate any laws or regulations;
(vii) Overburden or threaten the integrity and performance of the Website, Subdomain URLs, Services, API, and third-party websites;
(viii) Misrepresent your identity to deceive True Fusion Inc or its vendors/suppliers;
(ix) Use or distribute user or usage information from the Website, Subdomain URLs, API, and Services;
(x) Overload the API infrastructure;
(xi) Sub-license or resell our API and Services.
You retain all rights, including intellectual property rights, title, and interest in any and all (i) screenshots of third-party web pages, (ii) content, data, visuals, and images within the screenshots you capture, and (iii) data and information in any form, including HTML format, obtained while using True Fusion Inc's Services and API ("Deliverables"). You recognize that True Fusion Inc possesses no intellectual property rights over the Deliverables. Consequently, you agree to defend, indemnify, and hold True Fusion Inc and its affiliates harmless from any third-party damages, losses, claims, or actions arising from or related to the display, submission, or use of the Deliverables by you.
True Fusion Inc neither controls nor endorses the content within any Deliverables. You are prohibited from using the Services to capture inappropriate, inaccurate, fraudulent, or otherwise illegal content, images, or information. Therefore, True Fusion Inc disclaims all liability concerning (i) the Deliverables, and (ii) any actions by third parties or resulting from your use of the Website, Subdomain URLs, Services, and API.
You consent to True Fusion Inc's rights to (i) review or screen the Deliverables and/or data you transmit through the API and Services in compliance with these Terms and applicable law; and (ii) retain all User Data, including Deliverables, for a period of ninety (30) days, solely for purposes of (a) your retrieval of the Deliverables from cache, (b) debugging, or (c) True Fusion Inc providing support to you.
You retain all rights, including intellectual property rights, title, and interest in any and all (i) screenshots of third-party web pages, (ii) content, data, visuals, and images within the screenshots you capture, and (iii) data and information in any form, including HTML format, obtained while using True Fusion Inc's Services and API ("Deliverables"). You recognize that True Fusion Inc possesses no intellectual property rights over the Deliverables. Consequently, you agree to defend, indemnify, and hold True Fusion Inc and its affiliates harmless from any third-party damages, losses, claims, or actions arising from or related to the display, submission, or use of the Deliverables by you.
True Fusion Inc neither controls nor endorses the content within any Deliverables. You are prohibited from using the Services to capture inappropriate, inaccurate, fraudulent, or otherwise illegal content, images, or information. Therefore, True Fusion Inc disclaims all liability concerning (i) the Deliverables, and (ii) any actions by third parties or resulting from your use of the Website, Subdomain URLs, Services, and API.
You consent to True Fusion Inc's rights to (i) review or screen the Deliverables and/or data you transmit through the API and Services in compliance with these Terms and applicable law; and (ii) retain all User Data, including Deliverables, for a period of ninety (30) days, solely for purposes of (a) your retrieval of the Deliverables from cache, (b) debugging, or (c) True Fusion Inc providing support to you.
True Fusion Inc may offer reasonable support services to you via the Website chat, email, or calls to address any queries or technical issues you encounter while using the API and Services. Our support services may encompass (i) guidance on using the Services and API, (ii) resolving issues you face with the Services and API, (iii) addressing issues resulting from your misuse of the Services and API, and (iv) furnishing technical aid with coding and the API.
To access the API, Subdomain URLs, and Services, you must register for a single user account on the Website. During registration, you must provide all necessary information, including but not limited to your full name, email address, and contact details. Upon completion, True Fusion Inc will establish an account for you on the Website ("User Account").
You commit to: (i) Furnishing true, accurate, current, and complete details about yourself as prompted during True Fusion Inc's registration process on the Website; and (ii) Regularly updating the information provided at registration to ensure its continued accuracy, completeness, and currency.
If the information you provide to True Fusion Inc is found to be untrue, inaccurate, outdated, or incomplete, or if True Fusion Inc has reasonable grounds to believe so, we reserve the right to terminate your User Account on the Website, thereby revoking your access to the Website, Subdomain URLs, API, and Services.
During the registration process, you can select an email and password for your User Account, serving as your login credentials ("Login Credentials"). You are solely responsible for: (i) Safeguarding the confidentiality of your Login Credentials and API keys; and (ii) Monitoring and controlling all activities conducted under your User Account. Should you suspect unauthorized use of your User Account, API keys, or any security breach, you must promptly notify True Fusion Inc. True Fusion Inc disclaims liability for any losses resulting from unauthorized access to your Login Credentials, API keys, or User Account. However, you may be liable for any losses incurred by True Fusion Inc due to unauthorized use of your Login Credentials, API keys, or User Account. You acknowledge that using another user's User Account, Login Credentials, or API keys without their explicit consent is strictly prohibited.
You recognize and agree that: (i) You are permitted to register only one (1) User Account on the Website; and (ii) Holding multiple User Accounts under your name, whether as an individual or a legal entity, is prohibited.
All content, trademarks, data, information, materials, or documents associated with the Website, Subdomain URLs, API, and Services—including copyrighted works, databases, text, graphics, icons, designs, logos, hyperlinks, domain names, codes, and agreements ("Materials")—are either the exclusive property of True Fusion Inc or are licensed to True Fusion Inc. You are prohibited from reproducing, distributing, or copying the Materials, whether electronically or otherwise, without obtaining prior written consent from True Fusion Inc.
All intellectual property rights related to the Materials, Website, Subdomain URLs, API, and Services—including but not limited to patents, rights in inventions, design rights, trademarks, trade and business names, goodwill, rights against unfair competition, copyrights, moral rights, database rights, topography rights, domain names, rights in information (including trade secrets and know-how), and all other similar or equivalent rights existing now or in the future globally, whether registered or unregistered, including applications for, renewals, or extensions of such rights ("True Fusion Inc's Intellectual Property Rights"), are exclusively owned by True Fusion Inc, its affiliates (if any), licensors, or vendors. All rights not explicitly granted to you by True Fusion Inc are retained by True Fusion Inc. Except as expressly stated herein, you do not acquire any rights, title, or interest in True Fusion Inc's Intellectual Property Rights.
You agree to indemnify and hold True Fusion Inc harmless from any liability, demands, damages, costs, claims, or expenses arising from third-party claims related to: (i) your negligence; (ii) your breach of these Terms; (iii) your appropriate or inappropriate use of the Website, Subdomain URLs, API, and/or Services; (iv) your infringement of True Fusion Inc's Intellectual Property Rights; (v) any claims that the User Data, the information contained within the User Data, or the Deliverables infringe upon, misappropriate, or violate any third party's intellectual property rights; and/or (vi) any activities you conduct on or through any third-party website. True Fusion Inc agrees to indemnify and hold you harmless from any liability or expenses arising from third-party claims based on True Fusion Inc's negligence. For the purposes of this section, "Negligence" is defined as gross negligence or intentional misconduct.
In the event of a claim requiring indemnification under this agreement, the indemnified party shall: (i) promptly notify the indemnifying party of the claim; (ii) provide reasonable cooperation and assistance to the indemnifying party, at the indemnifying party's expense, in defending against such claim; and (iii) allow the indemnifying party to assume control of the defense and settlement of the claim. The indemnified party retains the right to participate in the defense of the claim and may engage counsel at its own expense to assist in managing the claim. Before finalizing any settlement that affects the indemnified party's rights, the indemnifying party must obtain written approval from an authorized representative of the indemnified party.
True Fusion Inc, its affiliates (if any), licensors, vendors, and their respective directors, officers, employees, and agents shall not be held responsible or liable to you or any third party, whether under contract, warranty, tort (including negligence), or any other legal theory, for any indirect, special, incidental, consequential, exemplary, liquidated, or punitive damages. This includes, but is not limited to, loss of profit, revenue, or business, arising wholly or partially from your access to the Website and your use of the API, Subdomain URLs, and Services, even if True Fusion Inc has been informed of the potential for such damages.
Despite True Fusion Inc's efforts to prevent security breaches, it's important to note that no website, API, or internet transmission can be entirely secure. Therefore, True Fusion Inc, its affiliates (if any), licensors, and vendors shall not be liable for any direct, indirect, punitive, incidental, special, exemplary, or consequential damages resulting from unauthorized access, hacking, data loss, or other breaches that may occur during your use of the Website, Subdomain URLs, API, and Services.
True Fusion Inc's Privacy Policy, accessible at http://fusionadspro.com/privacy_policy, oversees the use, storage, and processing of personal information you provide to True Fusion Inc through your (i) access to the Website, and/or (ii) use of the Subdomain URLs, API, and Services. By choosing to use the Website, Subdomain URLs, API, and Services via the Website, you are deemed to accept the terms of True Fusion Inc's Privacy Policy.
The Website and/or Services might feature links and/or advertisements directing to third-party websites or resources. You recognize and agree that True Fusion Inc is not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services offered or available from such websites or resources. The presence of links and advertisements to these websites or resources does not indicate any endorsement by True Fusion Inc of their content, products, or services.
Your interactions, communications, or business transactions with any third party encountered on or through the Website and/or Services, including any terms, conditions, warranties, or representations associated with such interactions or transactions, are solely between you and the respective third party. You acknowledge and agree that True Fusion Inc shall not be responsible for any loss or damage you might incur due to any interaction, communication, business transaction, or other dealings with any third party discovered through (i) the Website and/or (ii) your use of the Services.
Both Parties shall adhere to all relevant laws pertaining to the Services. Each Party must maintain records that demonstrate its compliance and, upon the reasonable request of the other Party, furnish these compliance records. Should either Party become aware of any non-compliance associated with these Terms, it shall promptly notify the other Party.
Non-Exclusivity. The obligations of the Parties under these Terms are non-exclusive. Nothing in these Terms prevents you from accessing, purchasing, selling, or using products or services from other third parties, even if they are similar to the API and Services provided by True Fusion Inc via the Website and Subdomain URLs. Similarly, True Fusion Inc retains the right to offer the Service to other registered users, even those who may be your competitors.
Severability. Should any provision or portion of these Terms be deemed invalid under any applicable law or statute, it shall be considered omitted from these Terms. Such invalidity shall not affect or impair the remaining provisions of these Terms.
No Waiver. The failure or delay by a Party in enforcing any provision of these Terms shall not act as a waiver of the right to enforce that provision or any other provision at any later time. Any waiver of a provision of these Terms must be in writing, specify the provision being waived, and be signed by the waiving Party.
Notices. Unless otherwise stipulated in these Terms, any required or permissible notice must be in writing and delivered by certified mail, registered mail, courier, or emailed to [email protected].
Entire Agreement. These Terms constitute the complete and exclusive agreement between the Parties regarding the subject matter herein. They fully and entirely embody the Parties' understanding concerning the subject matter herein. No other prior understandings, agreements, representations, or warranties, whether written or oral, exist between the Parties unless explicitly mentioned herein.