TERMS OF USE

Fess is an application for iPhone and Android mobile devices by Polymath Innovations, Inc. ("Polymath", "Fess", "we", "us"). The application as a whole and all rights, titles, and interests in and to the application are owned by POLYMATH INNOVATION, INC. These terms were last updated on March 7, 2014, and the Polymath team reserves the right to change and update them without warning or notification.

COMMUNITY STANDARDS

Providing our users with a set of Community Standards allows us to provide you with a fun and engaging experience. You can find the Community Standards for Polymath in this document.

PLEASE REVIEW THE TERMS AND CONDITIONS BELOW CAREFULLY BEFORE USING THE APPLICATION.


USING THE FESS APP

The Fess service is intended for use by people who are 13 years of age or older. By using our service, you represent and warrant that you are at least 13 years of age. If you are under age 13, you may not, under any circumstances or for any reason, use Fess. We may, in our sole discretion, refuse to offer the Fess application to any person or entity and change its eligibility criteria at any time.

You affirm that you are either more than 13 years of age, or an emancipated minor, or possess legal parental or guardian consent, and are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms of Use, and to abide by and comply with these Terms of Use.

USAGE DATA

By using the Fess application you agree to let Polymath collect information about your usage of the application including the content of your posts. For example, when you share a post or send a message, we detect those interactions. You agree that we will share the fact that you took these actions with the sender of the message. If you choose to Add Contacts, you also agree to let Polymath upload the address book on your device to its servers where we store this data to synch your contacts and find which of your friends are already Fess users. Fes uses Facebook to authentic users. You give Fess the authority to collect the information Facebook allows us to gather about you and your friends. Additionally, we collect usage information and information about your device such as the model, manufacturer and OS version of device used, MAC (Media Access Control) address, device identifiers, International Mobile Equipment Identity (IMEI), and time-stamped logs of messages sent and received and data exchanges, and network status (WiFi, etc.). For more information about Polymath's privacy practices, please review our Privacy Policy.

WHAT YOU CANNOT DO WITH THE APPLICATION

In addition to the other restrictions outlined in these terms, when using the Fess application, you agree to not: 1) Use any data mining or extraction methods in relation with the application; 2) Interfere with or hinder the operation of the application or any other individual's use of the application in any way; 3) Inflict or impose any perverse or excessive burden on the application in any way; 4) Compromise the security of the application; 5) Use the application for any purpose that is illegal, beyond the scope of the application's intended use, or prohibited in these terms; 6) Utilize the application to transmit spam, viruses, bugs or any material that could be considered racist, threatening, violent, bullying or unlawful in any way.

OBJECTIONABLE CONTENT

If we find that you've uploaded content that contains inappropriate content (including but not limited to vulgar or hateful speach), we reserve the right to remove the content, flag your account as “restricted” and send you a warning. Any flagged content will be reviewed within 24 hours and we reserve the right to eject the flagged user for violating our Community Standards.

If we find you violating our Community Standards repeatedly, we reserve the right to delete your account.

The Fess app is not for sharing content that threatens serious injury or death. Polymath reserves the right, at its sole discretion, to refer any user to U.S. Law Enforcement, or to a crisis hotline, should that user’s post be flagged as threatening serious injury or death to themselves or to any other party.

ACCOUNT SECURITY

After opening an account in the Fess mobile application you accept all responsibility for any activity that occurs while logged into your account. Subsequently, you alone are responsible for making sure that your account information including your username and password is kept secure and safe. In the case that your Fess account is compromised, please notify the Polymath team immediately at privacy@fessapp.com.

INTELLECTUAL PROPERTY

Unless otherwise stated, all materials on the Fess mobile application, including, but not limited to, text, graphics, images, illustrations, designs, icons, photographs, video clips, and written and other materials that appear as part of the application, as well as their selection and arrangement are protected by copyright, trademark, trade dress, patent, and/or other intellectual property laws, and any unauthorized use of this content violates such laws and these terms. Except as expressly provided herein, the Polymath team does not grant any express or implied rights to use this content. By agreeing to these terms you agree that you will not copy, reproduce, republish, frame, download, transmit, modify, display, reverse sell, or participate in any sale of, rent, lease, loan, assign, distribute, license, sublicense, or exploit in any way, in whole or in part, any of the content, the application or any related software, except as expressly provided herein.

INDEMNIFICATION

By agreeing to these terms you agree to indemnify, defend, and hold harmless Polymath Innovations, Inc, its managing members, shareholders, employees, subsidiaries, affiliates, licensors and supplies from and against any and all complaints, charges, claims, damages, losses, costs, liabilities, and expenses (including attorneys' fees) due to, arising out of, or relating in any way to your use of the application.

LIMITATION OF LIABILITY

Except where prohibited by law, in no event will Polymath or any of its affiliated entities be liable for any indirect, special, punitive, incidental, exemplary or consequential damages that result from 1) the use of, or inability to use, the application; 2) the performance of the services and materials available from the application; or 3) the conduct of other users of the application, even if Polymath has been advised of the possibility of such damages.

You assume total responsibility for your use of the application. Your only remedy against Polymath for dissatisfaction with the application or any content is to stop using the application. If, notwithstanding the terms, Polymath is found liable to you for any damage or loss which arises out of or is in any way connected with your use of the application or any content, Polymath’s liability shall in no event exceed $1.00. Some jurisdictions do not allow limitations of liability, so the foregoing limitation may not apply to you.

ENGAGEMENT WITH LAW ENFORCEMENT

Polymath may disclose Fess stored data to U.S. law enforcement authorities without first receiving formal legal process only when Fess believes, in good faith, that an emergency involving the danger of death or serious physical injury to any person requires disclosure without delay.

If a U.S. law enforcement authority determines that an emergency exists, it should provide to Polymath the specific information, in writing. That information should include a summary of the emergency, including a) the imminent danger of death or serious physical injury threatened; b) how the requested communications relate to the emergency and c) why obtaining legal process would be insufficient.

Polymath is a U.S. company, headquartered in Palo Alto, California and will only respond to valid, legal process from a U.S. law enforcement authority or court.

CONTROLLING LAW AND SEVERABILITY

This agreement, as well as the Polymath privacy policy, shall be construed in accordance with the laws of the State of California. Any subsequent dispute arising under the terms of this agreement will be settled exclusively in the state/federal courts of the State of California, county of Santa Clara, and/or the Northern District of California.

COMPLETE AGREEMENT

These terms supersede all prior understandings regarding the same and represent the complete agreement between you and the Polymath team. No changes or amendments to these terms will be binding unless in writing and signed by us.

QUESTIONS AND COMMENTS

The Polymath team welcomes any comments, questions, concerns, or suggestions that you might have. Please send all feedback to hello@fessapp.com

PRIVACY POLICY

EFFECTIVE FEBRUARY 28, 2014

This privacy statement describes how Polymath collects and uses the information you provide.

LOCATION SERVICES

Some services on this site make use of location-based data. If you allow these services, we will collect information about the Wi-fi routers closest to you and the cell IDs of the towers closest to you. We use this information to provide the requested location-based service, not to identify you. You will be asked for your permission each time a location-based service is requested. You may opt-out of location based services at any time by editing the setting at the device level or by contacting us.

COLLECTION AND USE

Before or at the time of collecting personal information, we will identify the purposes for which information is being collected. We collect personal information from you such as your name, email address, and phone number.

When you download and use our services, we may automatically collect information on the type of device you use, operating system version, device identifier (or "UDID"), name, email, grade, profile picture and school name and location from your phone or services like Facebook, with your permission.


In order to register, you will be ased to sign-in using your Facebook login. If you do so, you authorize us access certain Facebook account information, including information about your Facebook friends. By allowing us to access your Facebook account, you understand that we may obtain your basic Facebook information, education history, friends' basic information and friends'education history.
We will collect and use your personal information solely with the objective of fulfilling those purposes specified by us such as to administer your account, respond to your requests, and provide location-based services.

Personal data should be relevant to the purposes for which it is to be used, and, to the extent necessary for those purposes, should be accurate, complete, and up-to-date. If your personal information changes, or if you no longer desire our service, you may correct, update, amend, delete/remove, or deactivate it by making the change on our member information page or by emailing our customer support at hello@fessapp.com.

We will only retain personal information and location information as long as necessary for the fulfillment of those purposes and as necessary to comply with our legal obligations, resolve disputes, and enforce our agreements.

SHARING YOUR INFORMATION

We will share your personal information with third parties only in the ways that are described in this privacy policy. We do not sell your personal information to third parties. We may provide your personal information to companies that provide services to help us with our business activities such as email service provider or hosting provider. These companies are authorized to use your personal information only as necessary to provide these services to us.

We may also disclose your personal information as required by law, such as to comply with a subpoena, or similar legal process and when we believe in good faith that disclosure is necessary to protect our rights, protect your safety or the safety of others, investigate fraud, or respond to a government request. We also reserve the right to share your personal information, at our sole discretion, if you violate our Community Standards.

TRACKING AND ADS

Both first and third-party cookies may be present on this site and in the app. These tracking technologies are used:

SECURITY

The security of your personal information is important to us. We will protect personal information by reasonable security safeguards against loss or theft, as well as unauthorized access, disclosure, copying, use or modification. We follow generally accepted industry standards to protect the personal information submitted to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure. Therefore, we cannot guarantee absolute security. If you have any questions about security on our web site, you can contact us at hello@fessapp.com

CONTACT

Polymath Innovations, Inc.
261 Hamilton Ave.
Palo Alto, CA
hello@fessapp.com