Version of this agreement was updated on December 7, 2019.
Access to services
Subject to your continued compliance with our Terms of Service, FPR grants you a limited, non-transferable, non-exclusive, revocable right and license to: (i) access and use the Services and its associated documentation, solely for your own internal business purposes, for the Contract Period for which you have paid the applicable Subscription Fees; and (ii) access and use any data or reports that we provide or make available to you as part of your access and use of the Services (collectively, “Reports”), solely in conjunction with your use of the Services. Reports are considered part of the applicable Services, for the purpose of the license granted above. You understand that FPR uses third-party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to provide the Services, and you agree that FPR is not and will not be liable or responsible for the acts or omissions of such third-party vendors or hosting partners.
Plan Upgrade/Downgrade/Cancellation; Pricing Changes
- In exchange for your rights to access the Site and use the Services during the Contract Period, you agree to pay the applicable Subscription Fees to FPR. The Subscription Fees do not include taxes; you will be responsible for, and will promptly pay, all taxes associated with your use of the Site and the Services, other than taxes based on our net income. Subscription Fees are payable in full, in advance, in accordance with your Plan, and are non-refundable and non-creditable. This means that: (i) if you have a monthly Contract Period, you will owe us each month’s payment in advance, before you are allowed to use the Services for that month; (ii) if you have an annual Contract Period with up-front payment terms, you will owe us the entire year’s payment in advance, before you are allowed to use the Services for that year; and (iii) if you have an annual Contract Period with monthly payment terms, you will owe us each month’s payment in advance throughout the Contract Period, before you are allowed to use the Services during each month of the Contract Period. You agree to make all payments in U.S. Dollars.
- You can cancel your account(s)/subscription(s) via the process set forth in the “Cancel Subscription” section of your Account Settings on the Site or by sending a cancellation letter by registered post. An email or phone request to cancel your account is not considered cancellation. No refunds will be issued, unless expressly stated otherwise. Any cancellation will take effect only at the end of your then-current Contract Period, and you will continue to owe all Subscription Fees for the duration of your then-current Contract Period. Pro-rata refunds will not be provided. You understand that if you have an annual Contract Period with monthly payment terms: (i) you will still be obligated to pay us the Subscription Fees for the entire annual Contract Period, irrespective of whether you elect to cancel your subscription prior to the end of your then-current Contract Period; and (ii) notwithstanding the foregoing, we reserve the right, at our sole and absolute discretion, to permit you to cancel your subscription without further liability by making a lump-sum payment to us that is equal to the upcoming three (3) months of Subscription Fees that you would otherwise have owed us.
- All of your Content will be deleted from the Services within a reasonable time period from when you cancel your account/subscription. Deleted Content cannot be recovered once your account/subscription is cancelled.
- If you upgrade from the free Plan to any paid Plan, we will immediately bill you for the applicable Subscription Fees. There will be no refunds or credits for partial months of service, upgrade/downgrade refunds, or refunds for months unused with an open account.
- Downgrading your account(s) may cause the loss of Content, features, or capacity of your account(s). We do not accept any liability for such loss.
- Each Contract Period will automatically renew (and we may automatically invoice you) for additional Contract Periods of equivalent length, unless and until one party provides written notice to the other at least thirty (30) days prior to the expiration of the then-current Contract Period that it wishes to terminate the subscription at the end of the then-current Contract Period. We reserve the right to modify the fees for the Services at any time upon thirty (30) days’ prior notice to you, provided that the modified fees will not apply until the next Contract Period.
- Interest on any late payments will accrue at the rate of 1.5% per month, or the highest rate permitted by law, whichever is lower, from the date the amount is due until the date the amount is paid in full. If you are late in paying us, you also agree that, in addition to our rights to suspend your access to the Services, terminate your account(s), downgrade you to a free Plan, and/or pursue any other rights or remedies available to us at law or in equity, you are responsible to reimburse us for any costs that we incur while attempting to collect such late payments.
- Customer databases are hosted in closed AWS region (EMEA: Ireland)
- Each customer database is replicated in real-time on redundant storage located in the same data center
- So we can guarantee a minimum of 99.9% service uptime (3 nines, excluding planned maintenance)*
- This corresponds to a maximum unplanned downtime of 8h/year.
- We usually deliver much better uptime than this (100% most months), as AWS always deliver a much better uptime.
* these metrics refer to the availability of the platform itself for all customers. Individual services may be temporarily unavailable for specific reasons, typically related to the customer’s actions or customizations.
Backups & Disaster Recovery
As defined in the Terms of Service : IN NO EVENT WILL FPR BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY LOSS OF PROFITS, LOSS OF USE, LOSS OF REVENUE, LOSS OF GOODWILL, INTERRUPTION OF BUSINESS, LOSS OF DATA, OR ANY INDIRECT, SPECIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND ARISING OUT OF, OR IN CONNECTION WITH THESE TERMS OR YOUR USE (OR INABILITY TO USE) ANY PART OF THE SITE OR THE SERVICES, WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OR ARE OTHERWISE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.
For all plan, we recommend to follow the instructions below :
- Users can and should download manual backups of their live data at any time.
Depending of your subscription plan (only for premium) :
- 14 full backups up to 3 months: 1/day for 7 days, 1/week for 4 weeks, 1/month for 3 months
- Disaster Recovery Plan has these metrics:
- RPO (Recovery Point Objective) = 24h, i.e. you can lose maximum 24h of work if the data cannot be recovered and we need to restore the last daily backup.
- RTO (Recovery Time Objective) = 12h, i.e. the service will be restored from the backup within 12 hours.
The safety of your data is very important to us, and we design our systems and procedures to guarantee it. Here are some highlights:
- SSL – All web connections to client instances are protected with 256-bit SSL encryption (HTTPS with a 2048-bit modulus SSL certificate), and running behind SSL stacks. All our certificates chains are using SHA-2 already.
- Passwords – Customer passwords are protected with industry-standard PBKDF2+SHA512 encryption (salted + stretched for thousands of rounds).
- Safe System – Our servers are running recent Linux distribution with up-to-date security patches, with firewall and intrusion counter-measures (not disclosed for obvious reasons).
- Isolation – Client data stored in dedicated databases – no sharing of data between clients, no access possible from one database to another.