Terms of Service

Welcome to Fallible Software, Co. These Terms of Service govern your access to and use of our software applications, websites, and services. Please read these terms carefully before using our services.

By accessing or using our services, you agree to be bound by these Terms of Service. If you opt into SMS messaging or voice calling, you also agree to the communications disclosures described in these terms. If you disagree with any part of these terms, you may not access our services.

"FallSoft.Co", "we", "us", and "our" refer to Fallible Software, Co. "Services" refers to any software applications, websites, or other digital products we provide. "You" and "your" refer to individuals or entities accessing or using our services.

3.1. Some of our services may require account creation. You are responsible for maintaining the confidentiality of your account information and for all activities under your account. 3.2. We reserve the right to terminate accounts that violate these terms or remain inactive for extended periods. 3.3. You must provide accurate information during registration and keep this information updated. 3.4. If you provide a phone number, you represent that the number belongs to you or that you are authorized to consent to messages at that number.

4.1. Our services are provided "as is" and "as available." We do not guarantee that our services will be error-free, secure, or continuously available. 4.2. We make no warranties, express or implied, regarding reliability, accuracy, or fitness for a particular purpose. 4.3. You acknowledge that technological failures, errors, interruptions, filtering, delivery delays, call quality issues, and connection failures are an inherent part of digital services, including SMS and voice communications. 4.4. We may modify, suspend, or discontinue any part of our services without prior notice. 4.5. If you separately opt into SMS messaging, you agree to receive text messages from Fallible Software, Co. related to account verification, service updates, customer support, and AI assistant or conversational messages associated with your use of our services. 4.6. If you separately opt into voice calling, you agree to receive calls from Fallible Software, Co. related to account verification, service updates, customer support, and AI assistant or conversational interactions associated with your use of our services. 4.7. Message frequency varies. Message and data rates may apply to text messages. Calls may use your carrier minutes or other applicable charges. Consent to receive SMS messages or calls is not a condition of purchase. 4.8. You may opt out of text messages at any time by replying STOP. You may request help by replying HELP or by contacting us at one@fallsoft.co. You may opt out of non-essential calls by following the instructions provided during the consent flow or by contacting us directly. 4.9. Wireless carriers are not liable for delayed or undelivered messages or failed calls. 4.10. Where permitted by law and disclosed at the time of consent, calls and voice interactions may be monitored, recorded, or transcribed for service delivery, safety, quality assurance, training, and compliance purposes.

5.1. Our software is designed with the understanding that failure is inevitable. You accept this fundamental reality when using our services. 5.2. We believe progress happens through trial, error, and correction, not through false claims of perfection. 5.3. You agree to use our services at your own risk and discretion, understanding their inherent limitations.

You agree not to: 6.1. Use our services for any illegal purpose or in violation of any local, state, national, or international law; 6.2. Interfere with or disrupt the integrity or performance of our services; 6.3. Attempt to gain unauthorized access to our services, systems, or networks; 6.4. Use our services to harm others or distribute malicious software; 6.5. Engage in data mining or scraping unless explicitly authorized; 6.6. Reproduce, duplicate, copy, sell, or resell our services without authorization.

7.1. Our services and their original content, features, and functionality are owned by FallSoft.Co and are protected by international copyright, trademark, and other intellectual property laws. 7.2. You may not reproduce, distribute, modify, create derivative works of, publicly display, or otherwise use our intellectual property without our explicit permission.

8.1. By uploading or sharing content through our services, you grant us a non-exclusive, royalty-free license to use, modify, and display that content in connection with providing our services. 8.2. You represent that you own or have necessary permissions for any content you submit. 8.3. We do not claim ownership of your content, but require these rights to provide our services.

9.1. OUR SERVICES ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. 9.2. WE EXPLICITLY DISCLAIM WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. 9.3. NO ADVICE OR INFORMATION OBTAINED FROM US CREATES ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS. 9.4. WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE.

10.1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FALLSOFT.CO SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES. 10.2. OUR TOTAL LIABILITY FOR ANY CLAIMS SHALL NOT EXCEED THE AMOUNT YOU HAVE PAID TO US FOR SERVICES IN THE TWELVE MONTHS PRECEDING THE CLAIM. 10.3. THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY OR WHETHER WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

You agree to indemnify and hold harmless FallSoft.Co, its affiliates, officers, directors, employees, and agents from any claims, liabilities, damages, losses, costs, or expenses arising from your use of our services or violation of these terms.

12.1. We may modify these Terms of Service at any time. Changes will be effective upon posting to our website. 12.2. Your continued use of our services after changes constitutes acceptance of the modified terms. 12.3. We will make reasonable efforts to notify users of significant changes, but it remains your responsibility to review our terms periodically.

These Terms of Service are governed by the laws of the State of Delaware, without regard to its conflict of law principles.

14.1. Any dispute arising from these terms shall be resolved through good-faith negotiation. 14.2. If negotiation fails, disputes shall be resolved through arbitration conducted in Delaware under the rules of the American Arbitration Association. 14.3. You agree to resolve disputes individually, not as part of a class action.

For questions about these Terms of Service or our messaging and calling program, please contact us at one@fallsoft.co or +1 302-244-7859.

16.1. We may terminate or suspend your access to our services immediately, without prior notice, for conduct that we believe violates these Terms of Service. 16.2. All provisions of the Terms which by their nature should survive termination shall survive termination.

These Terms of Service constitute the entire agreement between you and FallSoft.Co regarding your use of our services and supersede any prior agreements.