Terms of Service

These Terms govern FallSoft.Co websites, hosted services, software expressly provided under these Terms, and the submission and review of physical-product requests. An accepted purchase of physical goods is governed by the order confirmation and Product Terms presented for that order. A separate software license governs software identified as covered by that license.

By accessing or using an Offering governed by these Terms, you agree to these Terms and applicable Product Terms presented to you. Submitting a physical-product request permits FallSoft.Co to review the request under these Terms and our Privacy Policy. It is not a purchase or an accepted order. If you opt into SMS messaging or voice calling, you also agree to the communications disclosures described here.

"FallSoft.Co", "we", "us", and "our" refer to Fallible Software, Co. "Offerings" means our websites, hosted services, software, and physical goods. "Services" means websites, hosted services, and other digital products we operate. "Product Terms" means terms identified as applying to a particular Offering or accepted order. "Separately Licensed Software" means software identified as governed by a license supplied with that software. "You" and "your" refer to a person or entity accessing an Offering or submitting a transaction.

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 the reliability or accuracy of our services or their fitness for a particular purpose. 4.3. Technological failures, errors, interruptions, filtering, delivery delays, call quality issues, and connection failures are inherent risks 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. 4.11. Submitting a request for physical goods allows FallSoft.Co to review that request. The request is not an accepted order. An automated acknowledgement confirms receipt. FallSoft.Co accepts an order through a separate acceptance notice or order confirmation. That confirmation and the terms presented for the transaction govern the accepted order. 4.12. Software supplied with physical goods remains governed by its applicable software license.

5.1. Our services may contain errors or experience interruptions. You acknowledge these operational risks when using our services. 5.2. We work to improve reliability and correct issues, but do not guarantee uninterrupted or error-free service. 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. Copy, modify, distribute, sell, or resell software or content outside the permissions granted by these Terms, an applicable license, or law.

7.1. FallSoft.Co and its licensors retain their intellectual-property rights except for rights granted through these Terms, Product Terms, or an applicable license. 7.2. Separately Licensed Software is governed by the license supplied with it. That license grants the rights stated in it for the covered software. 7.3. If these Terms and a separate software license address the same right in covered software, the separate software license controls. These Terms continue to govern hosted access, transactions, support, physical goods, and materials outside the software license. 7.4. Third-party software and content remain subject to their own licenses. 7.5. Product names, logos, and other marks remain subject to trademark law and any published brand rules.

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. You retain ownership of your content. The license in 8.1 gives us the rights needed to provide the 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 THE OFFERING THAT GAVE RISE TO THE CLAIM 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. Class actions are excluded.

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 and applicable Product Terms constitute the agreement between you and FallSoft.Co for the Offering they cover and supersede prior agreements about that Offering. A separate software license remains controlling for software it covers.