TERMS OF USE OF LUDDITECH INC.

1. INTRODUCTION

   • Please read carefully the terms of use (hereinafter referred to as the “Terms of Use”) below of LUDDITECH INC., a company whose head office is located at 4592 Coolbrook Avenue (H3X 2K6), in the city of Montreal, in the province of Quebec, Canada (hereinafter “Ludditech”, “we”, “our”, or “us”), which govern how you, an individual, access applications, websites, content, products, and services designed and managed by Ludditech, which operates this website and the application herein (hereinafter “Fizl”) as well as services (hereinafter “Fizl Services”) and social media pages (hereinafter “Social Media” or “Social Medias”).
   • By deciding to use Fizl and the Fizl Services, the user, understood as the end-user or the organization you represent or work for (hereinafter the “User” or “Users”) accepts all the Terms of Use indicated below which govern the content and use of Fizl, as well as Ludditech's Privacy policy.
   • These Terms of Use have the effect of legally binding the User and Ludditech (hereinafter the “Parties”). The Parties are entitled to invoke these Terms of Use and to take all useful and necessary measures to enforce them. If the User does not accept these Terms of Use or, as the case may be, the Terms of Use as modified from time to time, they must not, or must no longer, use Fizl or the Fizl Services.
   • The terms defined in these Terms of Use are used in the privacy policy (the Terms of Use and the privacy policy are hereinafter referred to as the “Legal Notices”) of Ludditech. We recommend that you read them.

2. FIZL SERVICES

   • Ludditech offers you the Fizl Services in accordance with these Terms of Use. The Fizl Services consist of providing a technological platform allowing Users: a) to manage service provisions as independent third-party providers (hereinafter the “Fizler” or “Fizlers”); b) to facilitate payments from clients (hereinafter the “Client” or “Clients”) to Fizlers for goods and services provided by these parties and to receive receipts from a member of the Fizl group for these payments; and d) to benefit from related content or services, including customer support. You acknowledge that some parts of the Fizl Services may be offered under various Fizl brands, including notably under the brands “Fizl”, “Fizl One”, and “Fizl Team”. You also acknowledge that the Fizl Services may be offered under these brands through or regarding: i) certain members of the Fizl group; or ii) Fizlers.
   • As a provider of the Fizl platform, Ludditech does not own, control, offer, or manage service provisions. You agree to the following: a) all service provisions are provided by Fizlers who are independent contractors and are not employees of Fizl or a member of the Fizl group; b) you may settle service provisions provided by Fizlers with Fizl in accordance with the Terms of Use; c) Fizl is not party to contracts made directly between Fizlers and Clients; and d) Fizl is not or does not act as an insurer, and Fizlers are solely responsible for the services they provide you.
   • Fizl may be temporarily unavailable in case of updates or technical problems. Ludditech is not responsible in case of service interruption or update. Ludditech tries to perform updates when the influx of visits to Fizl is at its lowest. Ludditech does not guarantee that Fizl, or any part of it, will work on specific computer hardware or devices. Moreover, Fizl may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications.
   • Ludditech reserves the right to add, delete, and modify any content, or part of it, on Fizl, except for the content specific to the User. Ludditech cannot be held responsible for faults, typographical errors, and bugs. Each User created in the system owns the content of their account. Ludditech does not delete anything unless a User requests it.
   • Additional conditions may apply to certain Fizl Services, including specific policies for an event, activity, or promotion, or a particular category of Fizl Services. The additional conditions will be communicated to you in the context of the applicable Fizl Services.

3. Third-Party Services and Content

   • The Fizl Services may be offered or accessible in connection with third-party services and content (including advertising and hyperlinks) over which Fizl has no control. You acknowledge that different terms of use and privacy policies may apply to your use of such third-party services and content. It is possible that by using a hyperlink, the User leaves Fizl or Social Media to access external content (hereinafter “External Websites”). In addition to its own content, Ludditech provides Users with links to External Websites solely for convenience and as information for the User. Ludditech has no control over the content of these External Websites and assumes no responsibility for their accuracy, precision, completeness, authenticity, timeliness, or suitability. Any responsibility of Ludditech is excluded, in particular concerning direct or indirect damages or consequences related to the use of the content of these External Websites. Ludditech has no influence on the content of the External Websites to which the links refer and disclaims any responsibility for its rigorous selection, the content of external links, especially those that have been modified after the link was established. Ludditech does not require the transmission of information, does not select the recipients of the transmitted information nor the information itself, and does not modify it. Moreover, no short-term automatic intermediate backup of these external links is performed by Ludditech according to the method of creation and consultation of links in force. Therefore, the responsibility for the content of External Websites accessible through external links lies solely with their operators. Furthermore, Ludditech does not endorse these third-party services and content and can in no way guarantee the absence of violation of any law, including the absence of violation of copyright or trademark rights or the rights of third parties by these External Websites or their content, nor the absence of viruses or other harmful components. No guarantee is provided regarding the authenticity of documents available on the Internet.

4. Access and Use of Fizl

   • You acknowledge and agree that the availability of Fizl may depend on the third party that granted you the license to use Fizl, such as Apple or Android application stores (hereinafter the “Application Stores”). You acknowledge and agree that these Fizl conditions apply to the contractual relationship between you and Fizl and not to that between you and the Application Stores, and that Fizl is only responsible for the provision of Fizl Services in accordance with these Terms of Use.
   • However, you acknowledge and agree that if you access Fizl Services through Fizl developed for Apple iOS or Android, then Apple Inc. (hereinafter “Apple”) or Google Inc. and/or their respective international subsidiaries or group members will be third-party beneficiaries of these Terms of Use. Upon your acceptance of these Terms of Use, Apple has the right (and is deemed to have accepted the right) to enforce these Terms of Use against you as a third-party beneficiary thereof. These Terms of Use incorporate by reference the terms set out in the applicable third-party beneficiary's terms of service, including in the case of Apple, the Application End User License Agreement, available at Legal - Apple Media Services - Apple, for which you are the “end user”. In the event of a conflict between the terms of the application license agreement and these Terms of Use, these Terms of Use shall prevail.
   • For optimal use, we recommend using Fizl on smartphones with stable internet access and other Fizl Services through the following browsers: Google Chrome, Firefox, Safari, and Microsoft Edge.

5. UTILISATION DES SERVICES DE FIZL

   • To use most aspects of the Fizl Services, you must register to obtain and maintain a valid Fizl Services User Account (hereinafter “Account”). You must be at least 18 years old or have reached the legal age of majority in your territory (if the age of majority is not 18 years) to obtain an Account, unless a specific Fizl Service allows it. To register for an Account, you will need to provide Fizl with certain personal information such as your name, address, mobile phone number, and age. You agree to ensure that your Account information remains accurate, complete, and up-to-date. Your failure to maintain the accuracy, completeness, and up-to-dateness of your Account information may result in your inability to access and use the Fizl Services. You are responsible for all activity on your Account, and unless otherwise authorized in writing by Fizl, you may only have one Account. Each User of Fizl and the Fizl Services undertakes, without limitation, not to:
   • Use the Fizl Services in a way that could disturb, disrupt, damage, disable, overload, abuse, or compromise the Fizl Services, or any service, resource, system, server, or network connected to Ludditech or affiliated or linked sites or accessible through them;
   • Upload, display, or otherwise transmit to Fizl a virus or other harmful, disturbing, or destructive computer file or program, or use a robot, spider, or other automatic device or manual process to monitor or copy Fizl pages or its content;
   • Attempt to gain unauthorized access to the Fizl Services or to certain parts of it where access is restricted. Furthermore, the User agrees that they are solely responsible for all actions and communications undertaken or transmitted to or for their account, and agrees to comply with all applicable laws regarding their use or activities on Fizl;
   • Offer, share, support, or attempt to find, on Fizl, content that: i) is illegal and/or defamatory; ii) is violent or incites violence, is discriminatory and/or harassing, in general or towards a specific person or group (or encourages others to do so), including any person belonging to a legally protected group; iii) is sexually explicit, related to sex work or escort services, or in any way related to the exploitation of children; iv) would violate these Terms of Use, the confidentiality agreement, or any additional conditions or policies related to the Fizl Services or Ludditech; v); goes against standards, professional policies, involves in any way the production or sharing of misleading information or sharing personal information of another User or anyone who is not the owner of the account from which the personal information is shared;
   • Transmit through the Fizl Services emails, chain letters, spam, or other types of unsolicited bulk emails;
   • Allow another User to use, copy, share, or give your account, nor have more than one account, nor sell or exchange your account;
   • Falsely claim to have performed work when another person did it or falsely claim to have performed work when it was not done;
   • All Users must be treated fairly and legally when using the Fizl Services. You may not use Fizl to: i) pay or demand bribes or payments for anything other than work; ii) ask Fizlers to submit work for little or no payment; and
   • You must use the Fizl rating system honestly and fairly. This means you cannot: i) force or threaten another User with negative ratings; ii) offer or accept false services to improve your ratings.

6. PAYMENT

   • Fizl provides payment services to Users who offer as well as to Users who receive services. These payment services are provided for the benefit of Fizlers and may include (as applicable) the following (collectively, the “Payment Services”):
   • Collecting payments from Clients (hereinafter “Payments”), by debiting the selected payment method for a service, such as a credit card, debit card, digital wallet, or bank account (hereinafter “Payment Method”).
   • Making payments to Fizlers (hereinafter “Payout”) on a financial instrument associated with their Fizl account, such as a bank account or debit card (hereinafter “Payout Method”).
   • Other payment-related services in connection with the Fizl Services.
   • To use the Payment Services, you must be at least 18 years old, have a Fizl account in good standing in accordance with these Terms of Use, and keep your payment and personal information accurate and complete.

7. Use of Payment Services

   • You understand that using the Fizl Services may incur fees for the products or services you receive from a Fizler (hereinafter the “Fees”). All Fees are due and payable according to the terms and conditions of payment described in the invoices issued by the Fizl Services for the provision of services by Fizlers. When the terms and conditions of payment require it, payments must be made through the Payment Services using the selected payment method, after which a receipt will be sent to you. You agree to the following: a) the Fizler is responsible for sending the receipt for the payment of a service by another Payment Method than those provided in the Fizl Payment Services; b) the Payment of Fees thus made is considered a payment that you have directly paid to the Fizler; c) the Fees include applicable taxes where the law provides; and d) the Fees you pay are final and non-refundable unless Fizl or a member of the Fizl group decides otherwise. Subject to local regulation, you retain the right to request an increase or decrease in the Fees of a Fizler for services you receive from the Fizler.
   • You acknowledge that Fizl or a member of the Fizl group may set or adjust the Fees for any or all services obtained through the Fizl Services at any time at the discretion of the Fizler or otherwise at the discretion of Fizl or a member of the Fizl group, including in certain circumstances where you choose an additional service that involves additional fees. You acknowledge that a payment card statement featuring charges from Fizl or a member of the Fizl group does not necessarily mean that Fizl or the member of the Fizl group sold a service, but rather that Fizl or the member of the Fizl group facilitated the processing of the payment, and that the Fizler indicated on your receipt is the actual seller.

8. Tips

   • You understand and accept that, although you are free to offer a tip to a subcontracted Fizler who provides you with services obtained through the Fizl Services, you are under no obligation to do so. Tips are optional and may be offered under certain Fizl brands only. Once you have received services obtained through Fizl, you have the option to rate your experience regarding the Fizler.

9. Identification and Verification

   • You authorize Ludditech, directly or through third parties, to carry out all investigations that Ludditech deems necessary to verify your identity and the information you provide and, where applicable, to verify the identity of the representatives and beneficial owners. This may include (i) verifying your identity and, where applicable, that of your representatives and beneficial owners in third-party databases or other sources, (ii) requesting reports from service providers, (iii) requesting you and, where applicable, your representatives and beneficial owners, to provide a government-issued identification (e.g., a driver's license or passport) for the verification of your name, place and date of birth, your address, nationality, and/or other information that Ludditech deems necessary under applicable law, or (iv) requesting measures to confirm the ownership of your email address, your or your payout methods. Ludditech reserves the right to terminate, suspend, or limit access to the Payment Services if Ludditech is unable to obtain or verify this information.

10. Payment Services Fees

    • Fizl will provide you with the Payment Services at the rates (hereinafter the “Rates”) described in this pricing schedule. The Rates include fees related to transactions (such as processing a payment) and other events related to your Fizl account. Fizl may change the Rates at any time, and you will be notified 30 days in advance. It is understood that Fizl is not required to notify you of rate changes made in accordance with predetermined rate schedules. You will also be required to pay all taxes, levies, fees, duties, and other charges imposed by a government authority, including a value-added tax, goods and services tax, provincial sales tax, and/or harmonized sales tax on services provided under these Terms of Use.
    • Furthermore, if you fail to comply with these Terms of Use, you may have to pay additional fees, including, notably, for transactions that could not be executed properly due to or as a result of your non-compliance with these Terms of Use.

11. Additional Conditions

    • Fizl uses Stripe to make payments to Fizlers. The Stripe Recipient Agreement applies to your receipt of such payments. To receive payments from the Fizl Services, you must provide Fizl with accurate and complete information about yourself and your business, and you authorize Fizl to share this information and transaction-related information with Stripe.

12. INTELLECTUAL PROPERTY

    • Unless otherwise indicated, all intellectual property rights (trademark, copyright, etc.) (hereinafter “Intellectual Property”) related to Fizl are the exclusive property of Ludditech. You may not copy or use the material, structure, menu, appearance, or characters that appear on Fizl without the explicit consent of Ludditech.
    • Certain names, words, titles, expressions, logos, icons, graphics, designs, domain names, or others, contained on Fizl or Social Media may, among others, be trademarks or trade names, registered or not registered (for the purposes of these Terms of Use, they are all designated by the term “Trademarks”). These Trademarks are protected by Canadian and foreign laws applicable to trademarks and are, as the case may be, the exclusive property of Ludditech. Without limiting its scope, Intellectual Property elements belonging to Ludditech include, but are not limited to, the following: a) all logos, designs, graphics, photos, videos, marks (registered or not), symbols, texts, expressions, words as well as all the general content of Fizl not already subject to Intellectual Property rights; b) all software, APIs, and materials made available by Fizl; c) all databases made available by Fizl; and d) all content offered by Fizl for free download.
    • Unless otherwise indicated, all information provided on Fizl or Social Media belongs to Ludditech and is protected by applicable laws. Moreover, the information may not otherwise be copied, displayed, distributed, downloaded, exploited without license, modified, published, reproduced, reused, sold, transmitted, or used for derivative, public, or commercial purposes without written and express authorization from Ludditech. The information is protected under copyright and trademark legislation in Canada and countries hosting Fizl or Social Media.
    • You may use the information exclusively for personal purposes without modification, provided that you include on the copies the notices regarding copyright, notices, and trademark attributions. These Terms of Use grant you authorization regarding the consultation, display on your computer, downloading, and printing of the text and images, as well as training tools, training guides, training videos, and blog articles, presented on Fizl or Social Media, and this, solely for non-commercial, personal, and educational purposes, provided that the content of Fizl is not subject to any modification. This authorization belongs only to you; it cannot be assigned or transferred to another person, or be sublicensed.
    • The images and text, as well as the training tools, training guides, training videos, and blog articles, contained on Fizl that are downloaded, copied, saved, or printed are still subject to these Terms of Use. You must ensure that all notices concerning copyrights and trademarks are always included. The content of Fizl or Social Media may be modified at any time without notice. For more information on permission to use, reproduce, or republish any information presented on Fizl or Social Media, please contact us at support@fizl.io.
    • No provision of these Terms shall be construed as granting a license or any right to the User under copyright or trademark laws. Any unauthorized downloading, retransmission, copying, or modification of Intellectual Property or data contained on Fizl or Social Media may violate laws including those relating to trademarks or copyrights and could expose the User to legal proceedings.
    • Subject to applicable laws, the importation, creation, submission, or storage of content by the User grants Ludditech a non-exclusive, free, transferable, sublicensable license, and this worldwide. This license allows Ludditech to host, use, modify, reproduce, publish, publicly represent, create derivative works, or distribute your content. Under this license, Ludditech may only use your content in the context of operating, promoting, or improving its services. If you wish to terminate this license, you simply need to delete your account. However, the content you shared will still be visible to other Users: you can request its deletion, subject to certain reservations, by contacting us at support@fizl.io.

13. SOCIAL MEDIA

    • The following conditions apply when you access a Social Media page.

14. General Statement

    • By using the Social Media pages and submitting a comment, photo, video, or any other element, you (as well as your parent/legal guardian if you have not reached the age of majority in the province or territory where you reside) agree to be bound by Ludditech's Legal Notices as well as the terms of use of third-party Social Media providers, and to comply with them. You also consent to Ludditech copying, editing, publishing, translating, and distributing your comment, photo, video, or other elements posted on Social Media, without compensation.

15. Social Media Terms of Use

    • Some of the comments and other elements displayed on the Social Media pages may not represent the opinions of Ludditech. Thus, you agree not to post or submit information, posts, links, or any other element of any kind on the Social Media pages that fall into one of the categories described below, in regard to Ludditech:
    • Any content whose nature is defamatory, offensive, obscene, misleading, illegal or that otherwise violates the rights of others (including privacy rights) in any other way;
    • any advertising content;
    • promotional documents or any other form of undesired solicitation;
    • any content whose origin or source is falsified;
    • any financial or personal information about the User or anyone else; and
    • any information that Ludditech’s would judge to be a breach of its Terms of Use.
    • Any information, message, link, or element that Ludditech considers as belonging to one of the above categories will be deleted immediately, without liability towards Ludditech. Moreover, Ludditech does not assume responsibility for filtering messages posted on Social Media. Ludditech disclaims all responsibility with regard to entities that own or operate Social Media, including for any direct or indirect loss or damage resulting from any action or decision taken by you or another person regarding the use of Social Media websites.

16. DISCLAIMER, EXCLUSION OF WARRANTY AND INDEMNITY

    • Ludditech does not guarantee the accuracy, completeness, quality, suitability, nor the content of the information present on Fizl and the Fizl Services. This information is provided “as is”, without warranty or condition of any kind, express or implied, including, among others, conditions and warranties implied regarding merchantability and suitability for a given purpose, except in territories that do not allow the exclusion of warranties. Ludditech is not responsible for content deposited on Fizl by Users and the damages that may result from it. Each User is responsible for the content they exchange on the Fizl Services and may not use Fizl for purposes contrary to the laws applicable in Quebec and Canada.
    • When the User is a consumer within the meaning of the Consumer Protection Act of Quebec, this law does not allow the exclusion of warranties and Ludditech's non-liability for certain damages. In this case, the User has additional rights and is not subject to some of the limitations mentioned below. Except where the Consumer Protection Act applies, Ludditech will not be liable for any direct, indirect, special, incidental, consequential, or any other damages whatsoever, including losses of revenue, profits, or anticipated economic benefits arising from the use or inability to use the Fizl Services, the information, documents, and software contained therein, with their content, even if Ludditech has been advised of the possibility of such damages or even if these damages can be reasonably foreseen.
    • As a User, you will indemnify Ludditech, and, where applicable, its directors, officers, shareholders, partners, employees, agents, consultants, and other Ludditech stakeholders, and release them from all liability for all claims, liabilities, losses, and expenses (including legal fees) attributable to the use of Fizl Services and/or to the violation of these Terms of Use, whether this violation is from you or any third-party user of your account. You may not use or export the information, nor any copy or adaptation of the information in violation of applicable laws or regulations.

17. AMENDMENTS TO THESE TERMS

    • Ludditech may, from time to time, modify the Legal Notices and additional conditions or policies related to the Fizl Services. Ludditech will give you notice of any significant changes to the Terms of Use and additional conditions or policies that affect your rights under these Terms of Use, via email, notice through the Fizl Services, or an update of the date of the last update indicated at the beginning of these Terms of Use. Except where the Consumer Protection Act applies or otherwise indicated by Ludditech in this notice (if applicable), changes take effect upon the posting of these updated Terms of Use here or the modified additional conditions or policies here (as applicable). Your continued access to the Fizl Services or your continued use of the Fizl Services after Ludditech has given this notice, where applicable, or after Fizl has posted these updated Terms of Use, constitutes your acceptance of the changes and your consent to be bound by the Legal Notices or additional conditions and policies, as they may be amended from time to time. If you disagree with the modified Legal Notices or additional conditions and policies, you must cease accessing and using the services.

18. INTERPRETATION

    • The headings preceding the articles are inserted for reference only and will not affect the construction or interpretation of the provisions of these Terms of Use. Whenever the context requires, any word written in the singular also includes the plural and vice versa; any word written in the masculine gender also includes the feminine gender and vice versa.

19. FRENCH AND ENGLISH LANGUAGE

    • In case of a definition or interpretation issue between the French and English versions of these Terms of Use, the French version shall prevail.

20. APPLICABLE LAW AND JURISDICTION

    • Fizl and its content are managed by Ludditech from its offices located in the province of Quebec in Canada. Fizl, Social Media and their content, Legal Notices, and their use by the User are all governed by the laws of Quebec and Canada that are applicable, without giving effect to any principle relating to conflict of laws. You agree that all matters and disputes concerning Fizl and your use of it shall first be brought before a mediator and, in the absence of a compromise, decided by the courts of Montreal. Notwithstanding any jurisdiction and applicable law, when the User is a consumer within the meaning of the Consumer Protection Act of Quebec, then any dispute relating to this Policy shall be governed by the law of the Province of Quebec and shall necessarily be brought before a competent jurisdiction in accordance with the rules of the Civil Procedure Code.

21. CONTACT PERSON

    • If you have any questions or comments regarding any content of Fizl and the Fizl Services, please contact us at support@fizl.io.

Last update: 06/27/2024.