User’s Acknowledgment and Acceptance of Terms

Fistri (“Us” or “We”) provides the www.Fistri.com site and various related services, including any content, functionality, and services offered on or through www.Fistri.com ( the “site” and collectively, the “services”) to you, the user, subject to your compliance with all the terms, conditions, and notices contained or referenced herein (collectively, the “terms of service”), as well as any other written agreement between us and you. In addition, when using particular services or materials on this site, users shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in these terms of service. All such guidelines or rules are hereby incorporated by reference into these terms of service.

BY USING THIS SITE, YOU AGREE TO BE BOUND BY THESE TERMS OF SERVICE. IF YOU DO NOT WISH TO BE BOUND BY THE THESE TERMS OF SERVICE, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THESE TERMS OF SERVICE BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE.

These terms of service are effective as of the “Last Modified” date identified at the top of this page. We expressly reserve the right to change these terms of service from time to time without notice to you. You acknowledge and agree that it is your responsibility to review this site and these terms of service from time to time and to familiarize yourself with any modifications. Your continued use of this site or other services after such modifications will constitute acknowledgement of the modified terms of service and agreement to abide and be bound by the modified terms of service. However, for any material modifications to the terms of service or in the event that such modifications materially alter your rights or obligations hereunder, such amended terms of service will automatically be effective upon the earlier of (i) your continued use of this site or other services with actual knowledge of such modifications, or (ii) 30 days from publication of such modified terms of service on this site. Notwithstanding the foregoing, the resolution of any dispute that arises between you and us will be governed by the terms of service in effect at the time such dispute arose.

As used in these Terms of Use, references to our “Affiliates” include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this site and/or its contents, or other services.

Overview of our Services

To ensure the quality of the Fistri experience we have set up our terms of service for our mutual benefit. If you violate these rules it will mean you’ve broken the terms of service and this may result in a termination of your account.

Tasks and concierge requests are non-transferable. You cannot sell or give away tasks on your plan but you are more than free to buy a plan for your friends, family and loved ones—they’ll love you and so will we. Your Fistri account is also non-transferable. That means if one person signs up, you cannot transfer ownership of that account to another person.

All Fistri plans are governed by a monthly hour limit by plan type. If these hours are unused by the next billing cycle, the hours will not carry over to the next cycle.

All Fistri plans are recurring subscriptions that can be canceled at any time.

Any agreement or attempted agreement between client and assistant, in connection with a service contract, requiring that payment be made outside of Fistri shall constitute a material breach of this agreement and be subject to cancellation without refund.

The services are available only to users who have reached the legal age of majority in their jurisdiction. The services are not directed to and must not be accessed or otherwise used by individuals under the age of 18 or that are outside of the United States. By using the services, you represent you meet the eligibility requirements contained herein. If you do not meet all requirements, although you are probably a wonderful human, you must not access or use the services.

Requests & Tasks

Each request (task) must be submitted by phone, email or SMS. Please send your requests individually: this means that each communication you have with your assistant should contain one, defined, task. You’re more than welcome to submit multiple tasks at one time, but we ask that you create a separate email for each. This ensures the fastest possible turn around for each task.

If you ever feel like your service could be better, you can contact us by telephone or email us at support@fistri.com. For a list of example tasks that we will and won’t do, please consult our “What We Do” page. That should give you a good idea of what we’re able to accomplish and what we simply cannot do. Agreeing to these terms of service means you understand and agree to keep your tasks within the scope of our business.

Ownership and Confidentiality of Work Product

If a Virtual Assistant creates anything original for you, such as research projects, reports, templates, spreadsheets, forms, etc. (“Work Product”), Fistri grants to you a non-exclusive, royalty-free, perpetual, irrevocable, non-transferable license to use the Work Product for your own personal and commercial purposes.

To avoid doubt, you retain sole ownership of your confidential information and your intellectual property and, to the extent your confidential information or intellectual property is incorporated into the Work Product, it will be removed prior to any use or disclosure by Fistri to a third party.

As used in these terms of service, your confidential information means non-public information that you provide to Fistri or a Virtual Assistant that you reasonably expect Fistri to keep secret, including your personal information (i.e., your name, your social security number, your credit card information, and similar information), but does not include information that (1) becomes generally available to the public other than an unauthorized disclosure by  a Virtual Assistant; (2) was or becomes available to  a Virtual Assistant on a non-confidential basis prior to your disclosure of the information to Fistri or a Virtual Assistant; (3) is independently developed by Fistri or a Virtual Assistant without using your confidential information; or (4) information we are required to disclose by a warrant, subpoena or other request in an investigation or legal proceeding or where disclosure is necessary to protect Fistri’s rights or property, or the rights or property of Virtual Assistants or our other clients.

As used in these terms of service, your intellectual property means patents, trademarks and copyrights owned by you and any insights, knowledge, and ideas provided by you in connection with creation of the Work Product.

You acknowledge and agree that you are solely responsible for all confidential information and other content you submit to a Virtual Assistant or otherwise provide or upload on or through the services (collectively, “content”) and any consequences of submitting, providing or uploading it, and represent you have all rights, consents and permissions in and to the content necessary to grant the licenses and rights herein, and that such content, its provision to us and use or access thereof by us in the performance of the services will not violate the rights of any person or entity, applicable law, or be likely to deceive any person. You hereby grant us a non-exclusive, royalty-free, perpetual, irrevocable, transferable license to use, modify, and create derivative works of the content to provide the services.

Guarantee & Warranty

There is no warranty on any of the information, tasks, or projects your Virtual Assistant completes for you. What we will promise is that we’ll do our best to provide the most accurate, most effective information available and we know Virtual Assistants do this better than anyone else. However, if we give you information or results that are wrong, although we’ll be deeply sorry, you can’t hold us liable for it (or the results) legally or morally — we’re sorry!

Cancellations

If you leave us, we’ll miss you dearly but we won’t hold you back. Monthly memberships can be canceled at any time, though we are unable to prorate membership cancellations or refund due to unused time. All cancellation requests will go into effect on your next monthly billing date. A minimum of 24 business hours prior to renewal is required. To cancel, please contact our Support Team: support@fistri.com and ask us to cancel your subscription.

Termination of Service

In darker news, we reserve the right to terminate the service of a Fistri client at any time — for any reason. Should this occur, we will give you a prorated refund at the standard monthly rate for any period for which you have already paid. That means that rarely and under great duress we may end our relationship with a client for any number of reasons including but not limited to the following:

1. If the client is constantly requesting tasks outside the scope of their service plan and we’re unable to find a solution by scaling back the requests

2. If the client is abusive to his/her assistant or any other Fistri team member

Fistri Terms of Service Non-solicitation Provision

I acknowledge that Fistri has made substantial investments in recruiting, training and matching skilled Fistril assistants with each of its members including me, and that Fistri has a legitimate interest in earning a reasonable return on those investments. I also acknowledge that Fistri has agreements with Fistri assistants that protect this interest by requiring that Fistri assistants obtain Fistri’s prior written consent before accepting any direct engagement (whether as an employee, consultant, contractor or otherwise) with the Fistri member to whom they were assigned. Accordingly, to the fullest extent permitted under applicable law, I agree that during my membership and for a period of twelve (12) months immediately following the termination of my relationship with Fistri for any reason, whether voluntary or involuntary, with or without cause, I shall not directly or indirectly solicit any Fistri assistant who is assigned to me at that time or who was assigned to me within the six months preceding termination of my relationship with Fistri to leave his or her employment with Fistri and to work for me in any engagement directly or indirectly. Should any solicitation by me become a substantial factor resulting in a Fistri assistant leaving Fistri and accepting an engagement with me directly or indirectly without Fistri’s consent, I agree to pay Fistri as liquidated damages reasonably calculated to compensate Fistri for its lost investments and not as a penalty of any kind, a one-time fee equivalent to one year of my monthly Fistri subscription in effect at the most recent date that the Fistri assistant had been assigned to me by Fistril.

Disclaimer of Warranties

NOTWITHSTANDING ANYTHING TO THE CONTRARY, THE SERVICES AND ANY WORK PRODUCT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. WE EXPRESSLY DISCLAIM ALL REPRESENTATIONS, WARRANTIES, OR CONDITIONS OF ANY KIND WITH RESPECT TO THE SERVICES AND WORK PRODUCT, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, COMPLETENESS, PERFORMANCE, QUIET ENJOYMENT, TITLE, AND NON-INFRINGEMENT. WE DISCLAIM ANY WARRANTY THAT THE SERVICES OR ANY WORK PRODUCT OR OTHER INFORMATION, WILL MEET YOUR REQUIREMENTS OR THE REQUIREMENTS OF ANYONE WHO MAY BE INFORMED OF THE SERVICES OR WORK PRODUCT, OR THAT THE SERVICES OR ANY WORK PRODUCT WILL BE UNINTERRUPTED, TIMELY, CURRENT, SECURE, OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SERVICES OR THE SERVERS THAT MAKES THE SERVICES AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR DESTRUCTIVE CODE. THE SERVICES AND WORK PRODUCT MAY BE OUT OF DATE AT ANY GIVEN TIME, AND WE ARE UNDER NO OBLIGATION TO UPDATE THE SERVICES OR ANY WORK PRODUCT. WE MAKE NO REPRESENTATIONS THAT THE SERVICES ARE APPROPRIATE OR AVAILABLE FOR USE OUTSIDE OF THE UNITED STATES. YOU ARE RESPONSIBLE FOR IMPLEMENTING SUFFICIENT PROCEDURES AND CHECKPOINTS TO SATISFY YOUR PARTICULAR REQUIREMENTS, INCLUDING WITHOUT LIMITATION REQUIREMENTS FOR ANTI-VIRUS PROTECTION AND ACCURACY OF DATA INPUT AND OUTPUT, AND FOR MAINTAINING A MEANS EXTERNAL TO OUR SERVICES FOR ANY RECONSTRUCTION OF YOUR LOST WORK PRODUCT, CONTENT OR OTHER DATA. YOU AGREE THAT FROM TIME TO TIME WE MAY REMOVE THE SERVICES FOR INDEFINITE PERIODS OF TIME WITHOUT NOTICE TO YOU. YOUR ACCESS AND USE OF THE SERVICES MAY BE INTERRUPTED FROM TIME TO TIME FOR ANY OF SEVERAL REASONS, INCLUDING, WITHOUT LIMITATION, THE MALFUNCTION OF EQUIPMENT, THE FAILURE OF THIRD-PARTY SERVICE PROVIDERS, PERIODIC UPDATING, MAINTENANCE OR REPAIR OF THE SERVICES OR OTHER ACTIONS THAT WE, IN OUR SOLE DISCRETION, MAY ELECT TO TAKE, AS WELL AS THE MALICIOUS ACTIONS OF HACKERS AND OTHER THIRD PARTIES. TO THE FULLEST EXTENT PROVIDED BY LAW, NEITHER WE NOR ANY PERSON ASSOCIATED WITH US WILL BE LIABLE FOR ANY WORK PRODUCT USE THEREOF, OR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, EMAIL COMPROMISE, PHISHING OR OTHER ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, OR OTHER DEVICES, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE SERVICES OR ITEMS OR DATA OBTAINED ON OR THROUGH THE SERVICES, OR ANY WEBSITE OR APPLICATION LINKED TO OR THROUGH THE SERVICES.

Third Party Sites and Content

The services may include or permit you to link to other websites, apps, or resources on the Internet, and other websites, apps, or resources may contain links to the services. These other websites are not under our control, and you acknowledge that we are not responsible or liable for any third-party content, products or services, including but not limited to the accuracy, integrity, quality, usefulness, legality, appropriateness, safety or intellectual property rights of or relating to such third party content, products or services or any other aspect of such websites or resources. The inclusion of any such link does not imply endorsement by us or any association with its operators. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such third-party content, goods or services available on or through the services or any such website or resource. Access and use of third-party sites, including the information, material, products and services on third party sites or available through third party sites, is solely at your own risk.

Limitation of Liability

YOU AGREE THAT, UNDER NO LEGAL THEORY, INCLUDING, BUT NOT LIMITED TO NEGLIGENCE, BREACH OF WARRANTY OR CONDITION, BREACH OF CONTRACT OR TORT, SHALL WE, OUR AFFILIATES BE LIABLE TO YOU OR ANY THIRD PARTY ACTING ON YOUR BEHALF FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES OR THE COST OF ANY SUBSTITUTE EQUIPMENT, FACILITIES OR SERVICES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING FROM OR RELATING TO THE TERMS OF SERVICE OR YOUR USE OF OR YOUR INABILITY TO USE THE SERVICES OR WORK PRODUCT, OR FOR ANY DIRECT DAMAGES ARISING FROM OR RELATED TO THE TERMS OF SERVICES, THE WORK PRODUCT, THE SERVICES, OR ANY SUBSCRIPTION EXCEEDING THE LESSER OF: (A) $100; AND (B) THE TOTAL AMOUNTS YOU PAID TO US IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE OCCURRENCE OF LOSS OR DAMAGE. TO THE EXTENT ANY PROVINCE, STATE OR JURISDICTION DOES NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY AS PROVIDED IN THIS PARAGRAPH, OUR LIABILITY IN SUCH PROVINCE, STATE OR JURISDICTION SHALL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE FORGOING, THE FOREGOING LIMITATIONS SHALL ALSO APPLY WITH RESPECT TO ANY DAMAGES INCURRED BY REASON OF ANY WORK PRODUCT, CONTENT OR SERVICES PROVIDED BY ANY USERS AND ANY THIRD PARTIES OTHER THAN US AND RECEIVED BY YOU THROUGH THE SERVICES. YOU ALSO AGREE THAT WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS THE RESULT OF ANY INTERACTIONS OR DEALINGS WITH ADVERTISERS, THE PRESENCE OF SUCH ADVERTISERS ON OR THROUGH THE SERVICES, OR ANY CONTENT OR SERVICES RECEIVED BY YOU ON ANY THIRD-PARTY SITES. We have the right to cooperate fully with law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any content or other materials on or through the services, or otherwise. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES. You agree to indemnify, defend, and hold harmless us, and our Affiliates from and against any loss, damage, cost, or liability (including, reasonable attorneys’ fees) resulting from or relating in any way to any claim, demand, action or proceeding or that that otherwise arises out of or relates to the terms of service, the services, or any content, including but not limited to in relation to:

(a) your use, non-use or misuse of, or connection to the services, and any content or Work Product; (b) your breach or alleged breach of the terms of service; (c) your violation of any rights, including without limitation contractual or intellectual property rights, of us, a user or other third party; (d) your violation or alleged violation of any laws; or (e) your use or exploitation of the services or any Work Product or other information obtained from or through the services (including, without limitation, any use or transfer of e-mail addresses or telephone or other device numbers or identifiers, or other personal information in violation of TCPA, CPRA, GDPR, CAN-SPAM or other anti-spam or privacy laws and regulations). We reserve the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify us, and you agree to cooperate with our defense of these claims. You agree not to settle any matter without our prior written consent of us. We will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it. These terms of service shall not create any third-party beneficiary rights.

Miscellaneous

You represent and warrant that (i) the credit card information you supply to us or otherwise on or through the services is true, correct and complete, (ii) you are duly authorized to use such credit card for the subscription or other purchase, (iii) charges incurred by you will be honored by the credit card company.

By providing us with your email address, you agree to receive all required notices electronically, to that e-mail address. It is your responsibility to update or change your e-mail address, as appropriate. If there is any dispute between you and us about or involving this terms of service, Work Product, or the services, you hereby agree that the dispute shall be governed by and construed in accordance with the laws of the United States and of the State of Ohio, without regard to its conflict of law provisions. You hereby consent to the exclusive jurisdiction and venue of the state and federal courts located in Columbus, Ohio with respect to any claim, proceeding or action relating to or otherwise arising out of the terms of service, Work Product, or the services, howsoever arising, provided, however, that we may seek and obtain injunctive relief in any jurisdiction.

At our sole discretion, we may require you to submit any disputes arising from the terms of service or otherwise arising out of or related to the services or Work Product, including without limitation disputes arising from or concerning their interpretation, violation, invalidity, non-performance, or termination, to final and binding arbitration under the Rules of Arbitration of the American Arbitration Association applying Ohio law.

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THE TERMS OF SERVICE, WORK PRODUCT, OR, THE SERVICES, OR THE USE THEREOF MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

If any portion of the terms of service that is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the terms of service as a whole shall not be deemed unlawful, void or unenforceable, but only that portion of the terms of service that is unlawful, void or unenforceable shall be stricken from the terms of service. You agree that the terms of service is specifically enforceable by injunctive relief and other equitable remedies without proof of monetary damages or the necessity of posting bond.

You agree that if we do not exercise or enforce any legal right or remedy which is contained in the terms of service (or which we have the benefit of under any applicable law), this will not be taken to be a formal waiver of our rights and that those rights or remedies will still be available to us. Any waiver of our rights or remedies, or of any breach of the terms of service, must be in writing and signed by us. The terms of service, as amended, and the documents incorporated herein, constitute the sole and entire agreement between you and us regarding the terms of service and the services, and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the same.