Terms of Service

These Terms govern your access to and use of the products and services we provide through or for Funess.com (collectively, “Services”).

Please read these Terms carefully before accessing or using our Services. By accessing or using any part of our Services, you agree to be bound by all of the Terms and all other operating rules, policies, and procedures that we may publish via the Services from time to time (collectively, the “Agreement”). You also agree that we may automatically change, update, or add on to our Services, and this Agreement will apply to any changes.

1. Who’s Who

“You” means any individual or entity using our Services. If you use our Services on behalf of another person or entity, you represent and warrant that you’re authorized to accept the Agreement on that person’s or entity’s behalf, that by using our Services you’re accepting the Agreement on behalf of that person or entity, and that if you, or that person or entity, violates the Agreement, you and that person or entity agree to be responsible to Funess.

“We” or “us” means Funess Inc., whose website can be accessed at https://funess.com.

“Third-Party Service”, or “Subscription”, means a product or service from which you have a monthly expense; e.g. landlords, utility companies, entertainment streaming providers, gardening contractors etc. A “Third-Party”, or “Provider”, is a company that supplies the aforementioned product or service. Please refer to Section 6 for details.

2. What’s What

“Price” is the monthly expense incurred from using a product or service, which you pay to a Third-Party. It is usually a fixed number on a monthly basis, but can vary for special cases like utilities, etc. For non-custom subscriptions, a suggested price is pre-filled for your convenience (“default price”). The default prices are based on publicly available third-party websites that are subject to change unpredictably, and that we do not own or control. We may regularly update the default prices (ideally once every 3 months), but we can not be held responsible for their accuracy. The default prices do not include local or national taxes. You are responsible for double-checking the price with your payment records (to the Third-Party), adding all applicable taxes, and changing the default price as needed.

“Seats” is the suggested number of people with whom you may share a subscription. We obtain this number from the Providers’ websites, which are subject to change unpredictably. We aim to refresh this data regularly, ideally once per quarter, but we are not responsible for its accuracy or veracity. The number of Seats is only a suggestion to help you save money, it does not constitute a waiver from the Provider’s terms and conditions or any laws and regulations, and it is only intended to inform you of possible savings you might be missing.

“Price per seat” means the share of the price owed by each person who occupies a seat on a subscription. It is calculated by dividing the Price by the number of Seats.

“Savings per year” means the total amount of money you may save in a year by sharing a subscription, versus not using the seats that are a part of your purchase. This figure is calculated based on prices available on Third-Party websites that are subject to change unpredictably, and that we do not own or control. The savings per year is intended to give you a general approximation of your possible savings. We are not responsible for its accuracy.

3. Your Account

You agree to provide us with complete and accurate information and to keep the information current so that we can communicate with you about your account. We may need to send you emails about notable updates (like changes to our Terms of Service or Privacy Policy), or to let you know about legal inquiries or complaints we receive about the ways you use our Services so you can make informed choices in response.

We may limit your access to our Services until we’re able to verify your account information, like your email address and phone number.

You’re solely responsible and liable for all activity under your account. You’re also fully responsible for maintaining the security of your account (which includes keeping your phone and password secure). We’re not liable for any acts or omissions by you, including any damages of any kind incurred as a result of your acts or omissions. If a streaming provider does not let you login, or suspends your account, because you are sharing it with friends/family, Funess shall not be held liable since only you can control which, and how many, of your Funess friends have access to the subscription.

Don’t share or misuse your Funess access credentials. Notify us immediately of any unauthorized uses of your account, or of any other breach of security. If we believe your account has been compromised, we may suspend or disable it.

If you’d like to learn about how we handle the data you provide us, please see our Privacy Policy.

4. Minimum Age Requirements

Our Services are not directed to children. You’re not allowed to access or use our Services if you’re under the age of 13 (or 16 in Europe). If you register as a user or otherwise use our Services, you represent that you’re at least 13 (or 16 in Europe). You may use our Services only if you can legally form a binding contract with us. In other words, if you’re under 18 years of age (or the legal age of majority where you live), you can only use our Services under the supervision of a parent or legal guardian who agrees to the Agreement.

5. Responsibility of Visitors and Users

You should practice caution when sending and accepting friend requests; only befriend people on Funess who you are already familiar with outside of Funess. We are not responsible for a stranger acting in bad faith against you while using our Services. Please be prudent, and do not invite anyone to your Subscription, or join anyone’s Subscription, who you do not trust, or with whom you will not be comfortable sharing a Subscription.

We haven’t reviewed, and can’t review, all of the content (like subscriptions, prices, seats, notes and other materials) posted to or made available through our Services by users or anyone else (“Content”) or on websites that link to, or are linked from, our Services. We’re not responsible for any use or effects of Content or third-party websites. So, for example:

• We don’t have any control over third-party websites.
• A link to or from one of our Services does not represent or imply that we endorse any third-party website.
• We don’t endorse any Content or represent that Content is accurate, useful, or not harmful. Content could be offensive, indecent, or objectionable; include technical inaccuracies, typographical mistakes, or other errors; or violate or infringe the privacy, publicity rights, intellectual property rights, or other proprietary rights of third parties.
• You’re fully responsible for the Content on your account, and any harm resulting from that Content. It’s your responsibility to ensure that your website’s Content abides by applicable laws and by the Agreement.
• We aren’t responsible for any harm resulting from anyone’s access, use, purchase, or downloading of Content, or for any harm resulting from third-party websites. You’re responsible for taking the necessary precautions to protect yourself and your computer systems from viruses, worms, Trojan horses, and other harmful or destructive content.
• We are not a party to, and will have no responsibility or liability for, any communications, transactions, interactions, or disputes between you and the Provider of any Content.

Please note that additional third-party terms and conditions may apply to Content you access, copy, or use. If you find a Funess.com account that you believe violates these Terms, please contact us.

6. Providers/Third-Parties

You are solely responsible for honoring all rules and obligations that you have accepted in order to purchase a product or service, for which you have a monthly expense, that you use our Services to track or split with friends and family. Before adding any Content, please confirm the following with the Provider’s terms and conditions:

1. Are you allowed to share the product or service?
2. How many people can you share it with?
3. Are there any specific rules about sharing? For example, regarding location, devices, etc.

We reserve the right to terminate your account if a violation of policy against a Third-Party is brought to our attention. Funess is not responsible for any damages or losses that might incur from such violations. By using our Services, you agree to act in accordance with all rules and regulations, including Third-Party’s terms of use, to the best of your knowledge and abilities. You understand that:

• Third-Party Services aren’t vetted, endorsed, or controlled by Funess.
• Any use of a Third-Party Service is at your own risk, and we won’t be responsible or liable for or to Third-Party Services.
• Your use is solely between you and the respective third party (“Third Party”) and is governed by the Third Party’s terms and policies.
• If you have questions or concerns about how a Third-Party Service operates or need support, contact the Third Party directly.

In rare cases we may at our discretion, suspend, disable, or remove Third-Party Services from your account or the website.

7. Monthly Invoices

Invoices are sent out each month (via text message) to the users who have a negative balance with one or more of their friends.  For your convenience, we include the destination username, amount owed, and a detailed breakdown of the subscriptions. You agree to honor the monthly invoices, and complete the transactions in the Venmo app when prompted. You may lose access to the impacted subscriptions if you fail to complete the Venmo transfer in a timely manner.

Currently, Funess only supports Venmo as a method of money transfer. The Venmo name, logo, brand, and (registered) trademark are property of its respective owner(s); they are used for identification purposes only. This use does not imply endorsement, association, nor sponsorship.

8. Feedback

We love hearing from you and are always looking to improve our Services. When you share comments, ideas, or feedback with us, you agree that we’re free to use them without any restriction or compensation to you.

9. General Representation and Warranty

Our Services are designed to give you control and ownership over your monthly expenses. We encourage you to express yourself freely, subject to a few requirements. In particular, you represent and warrant that your use of our Services:

• Will be in strict accordance with the Agreement;
• Will comply with all applicable laws and regulations (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, data protection, the transmission of technical data exported from the United States or the country in which you reside, the use or provision of financial services, notification and consumer protection, unfair competition, and false advertising);
• Will not be for any unlawful purposes, to publish illegal content, or in furtherance of illegal activities;
• Will not infringe or misappropriate the intellectual property rights of Funess Inc. or any third party;
• Will not overburden or interfere with our systems or impose an unreasonable or disproportionately large load on our infrastructure, as determined by us in our sole discretion;
• Will not disclose the personal information of others;
• Will not be used to send spam or bulk unsolicited messages;
• Will not interfere with, disrupt, or attack any service or network;
• Will not be used to create, distribute, or enable material that is, facilitates, or operates in conjunction with, malware, spyware, adware, or other malicious programs or code;
• Will not involve reverse engineering, decompiling, disassembling, deciphering, or otherwise attempting to derive the source code for the Services or any related technology that is not open source; and
• Will not involve renting, leasing, loaning, selling, or reselling the Services or related data without our consent.

10. Copyright Infringement and DMCA Policy

As we ask others to respect our intellectual property rights, we respect the intellectual property rights of others. If you believe any Content violates your copyright, please contact us.

11. Intellectual Property

The Agreement doesn’t transfer any Funess or third-party intellectual property to you, and all right, title, and interest in and to such property remains (as between Funess and you) solely with Funess. Funess, Funds with Friends, More Fun for Less, and all other trademarks, service marks, graphics, and logos used in connection with our website or Services are trademarks or registered trademarks of Funess (or Funess’s licensors). Other trademarks, service marks, graphics, and logos used in connection with our Services may be the trademarks of other third parties. Using our Services doesn’t grant you any right or license to reproduce or otherwise use any Funess or third-party trademarks.

12. Changes

We may update, change, or discontinue any aspect of our Services at any time. Since we’re constantly updating our Services, we sometimes have to change the legal terms under which they’re offered. The Agreement may only be modified by a written amendment signed by an authorized executive of Funess, or if Funess posts a revised version. We’ll let you know when there are changes: we’ll post them here and update the “Last Updated” date, and we may also send you an email or other communication before the changes become effective. Your continued use of our Services after the new terms take effect will be subject to the new terms, so if you disagree with the changes in the new terms, you should stop using our Services. To the extent you have an existing premium account, you may be eligible for a refund.

13. Termination

We may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately. We have the right (though not the obligation) to, in our sole discretion, (i) reclaim your username or website’s URL due to prolonged inactivity, (ii) refuse or remove any content that, in our reasonable opinion, violates any the Agreement or any Funess policy, or is in any way harmful or objectionable, (iii) terminate or deny access to and use of any of our Services to any individual or entity for any reason. We will have no obligation to provide a refund of any fees previously paid.

You can stop using our Services at any time.

14. Disclaimers

Our Services are provided “as is.” Funess and its suppliers and licensors hereby disclaim all warranties of any kind, express or implied, including, without limitation, the warranties of merchantability, fitness for a particular purpose and non-infringement. Neither Funess, nor its suppliers and licensors, makes any warranty that our Services will be error free or that access thereto will be continuous or uninterrupted. If you’re reading this, here’s a treat. You understand that you download from, or otherwise obtain content or services through, our Services at your own discretion and risk.

15. Jurisdiction and Applicable Law.

Except to the extent any applicable law provides otherwise, the Agreement and any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions. The proper venue for any disputes arising out of or relating to the Agreement and any access to or use of our Services that are not otherwise subject to arbitration (as indicated below) will be the state and federal courts located in Sacramento County, California.

16. Arbitration Agreement

Except for claims for injunctive or equitable relief or claims regarding intellectual property rights (which may be brought in any competent court without the posting of a bond), any dispute arising under the Agreement shall be finally settled in accordance with the Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such Rules. The arbitration shall take place in Sacramento, California, in the English language and the arbitral decision may be enforced in any court. The prevailing party in any action or proceeding to enforce the Agreement shall be entitled to costs and attorneys’ fees.

17. Limitation of Liability

In no event will Funess, or its suppliers, partners, or licensors, be liable (including for any third-party products or services accessed or used through our Services) with respect to any subject matter of the Agreement under any contract, negligence, strict liability or other legal or equitable theory for: (i) any special, incidental or consequential damages; (ii) the cost of procurement for substitute products or services; (iii) for interruption of use or loss or corruption of data; or (iv) for any amounts that exceed $50 or the fees paid by you to Funess under the Agreement during the twelve (12) month period prior to the cause of action, whichever is greater. Funess shall have no liability for any failure or delay due to matters beyond its reasonable control. The foregoing shall not apply to the extent prohibited by applicable law.

18. Indemnification

You agree to indemnify and hold harmless Funess, its contractors, and its licensors, and their respective directors, officers, employees, and agents from and against any and all losses, liabilities, demands, damages, costs, claims, and expenses, including attorneys’ fees, arising out of or related to your use of our Services, including but not limited to your violation of the Agreement or any agreement with a provider of third-party services used in connection with the Services, Content that you post, and any money transfers conducted through your or another user’s account.

19. US Economic Sanctions

You may not use the Services if such use is inconsistent with U.S. sanctions law or if you are on any list maintained by a U.S. government authority relating to designated, restricted or prohibited persons.

20. Data Processing Agreement

If you need a data processing agreement (DPA) with us for the GDPR requirements that apply to us as a data processor for your account, please contact us.

21. Translation

These Terms were originally written in English (US). We may translate these terms into other languages, and in the event of a conflict between a translated version of these Terms and the English version, the English version will control.

22. Miscellaneous

The Agreement (together with any other terms we provide that apply to any specific Service) constitutes the entire agreement between Funess and you concerning our Services. If any part of the Agreement is unlawful, void, or unenforceable, that part is severable from the Agreement, and does not affect the validity or enforceability of the rest of the Agreement. A waiver by either party of any term or condition of the Agreement or any breach thereof, in any one instance, will not waive such term or condition or any subsequent breach thereof.

Funess may assign its rights under the Agreement without condition. You may only assign your rights under the Agreement with our prior written consent.