Effective Date: 2025-07-09
Last Updated: 2025-07-09
These Terms of Use ("Terms") constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and Fertit (“we,” “us,” or “our”), concerning your access to and use of the Fertit service, including our website at https://fertit.com, and any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Service”).
Our Service is described as: Email marketing service
By accessing or using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you do not agree with all of these Terms, then you are expressly prohibited from using the Service and you must discontinue use immediately.
Supplemental terms and conditions or documents that may be posted on the Service from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms at any time and for any reason.
Your use of the Service is also governed by our Privacy Policy, which explains how we collect, use, and disclose information about you. Our Privacy Policy is located at: https://fertit.com/privacy-policy.html. By using the Service, you agree to the terms of the Privacy Policy.
The Service is intended for users who are at least 16 years old. Persons under the age of 16 are not permitted to use or register for the Service without appropriate parental consent where applicable by law.
Access to the Service may be restricted in certain geographic locations. You agree not to use the Service if you are located in Countries under applicable sanctions or if prohibited by applicable law.
To access certain features of the Service, you may be required to register for an account. You agree to:
We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
You agree not to use the Service for any purpose that is prohibited by these Terms or by applicable law. You are solely responsible for your conduct while using the Service. Prohibited activities include, but are not limited to:
We reserve the right to investigate and take appropriate legal action against anyone who, in our sole discretion, violates this provision, including without limitation, removing the offending content from the Service, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.
All content, features, and functionality on this website, including but not limited to text, graphics, logos, icons, images, audio clips, video clips, software, and design elements, are the exclusive property of Fertit or its licensors and are protected by international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws. You may not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our website, except as expressly permitted by Fertit in writing. Fertit and its logo are trademarks of the company. Any use of these trademarks without prior written consent is strictly prohibited.
By submitting, uploading, or otherwise making available any content to or through our website or services (including but not limited to text, images, videos, reviews, or other materials), you grant Fertit a worldwide, non-exclusive, royalty-free, fully-paid, transferable, and sublicensable license to use, reproduce, modify, adapt, publish, translate, distribute, publicly perform and display such content in connection with operating and promoting our services. You represent and warrant that: You own the content you submit or have the necessary rights to grant this license; Your content does not infringe any third-party rights, including intellectual property or privacy rights. Fertit does not claim ownership over user-submitted content, but this license allows us to use it as needed to operate and improve the platform.
You are solely responsible for any content you upload, post, share, or otherwise make available through the Fertit platform. This includes, but is not limited to, text, images, videos, product information, reviews, or any other material. By submitting content, you agree that: You have all necessary rights and permissions to share the content; Your content does not violate any applicable laws, regulations, or third-party rights (including intellectual property, privacy, or publicity rights); Your content is not harmful, misleading, defamatory, obscene, offensive, or otherwise objectionable. Fertit does not endorse or guarantee the accuracy, reliability, or legality of user-submitted content. We reserve the right, but are not obligated, to monitor, review, or remove content that violates these Terms or is otherwise deemed inappropriate at our sole discretion.
We take no responsibility and assume no liability for any User Content posted by you or any third party. We reserve the right, but are not obligated, to monitor, remove, or edit User Content at our sole discretion.
By purchasing a subscription to Fertit, you agree to the following terms: Billing Cycle: Subscriptions are billed on a monthly or yearly (depending on the plan you chose) basis, starting from the date of purchase. Auto-Renewal: Your subscription will automatically renew at the end of each billing period unless you cancel it at least 1 day before the renewal date. Pricing: Our current pricing is listed on the Pricing Page. We reserve the right to change pricing with prior notice. Cancellation: You may cancel your subscription at any time from your account dashboard. Your access will remain active until the end of the current billing cycle. Refunds: We offer no refunds after purchase, unless required by law. For any refund requests, please contact us at raufasadov23@gmail.com. By subscribing, you authorize us to charge your payment method regularly until you cancel.
Current pricing and subscription plans are detailed on our pricing page: https://fertit.com/pricing. All prices are subject to change.
We use third-party payment processors (e.g., Dodo Payments) to handle payments. Your payment information is processed directly by these providers, and their terms and privacy policies also apply.
All purchases and subscriptions made on Fertit are non-refundable. We do not offer refunds for any reason, including unused time, accidental purchases, or dissatisfaction with the service. By completing a purchase, you acknowledge and agree that: All sales are final. No partial or full refunds will be issued. You are responsible for managing and canceling your subscription before the next billing cycle if you do not wish to continue. If you believe you were charged in error or have a specific issue, please contact us at raufasadov23@gmail.com, and we will review your case individually.
You are responsible for any applicable taxes associated with your subscription.
Warranty Disclaimer: The services and content provided by Fertit are offered on an “as is” and “as available” basis, without warranties of any kind, either express or implied. To the fullest extent permitted by law, we disclaim all warranties, including but not limited to: Implied warranties of merchantability, Fitness for a particular purpose, Non-infringement, And any warranties arising from course of dealing or usage of trade. We do not warrant that the services will be uninterrupted, secure, error-free, or free from viruses or other harmful components.
Availability Disclaimer: While we strive to maintain continuous access to our platform, Fertit does not guarantee that the service will be available at all times or free from interruptions, delays, or outages. We reserve the right to modify, suspend, or discontinue all or part of the service at any time, with or without notice, for maintenance, upgrades, or any other reason. We shall not be liable for any loss or inconvenience caused by any such unavailability.
To the maximum extent permitted by law, Fertit, its affiliates, officers, employees, or agents shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including without limitation: Loss of profits, Loss of data, Loss of goodwill, Service interruption, Or other intangible losses arising out of or related to your use of (or inability to use) our services. In no event shall our total liability to you exceed the amount you paid (if any) to Fertit in the 12 months preceding the claim.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations and exclusions may not apply to you.
You agree to indemnify, defend, and hold harmless Fertit, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including reasonable legal fees) arising from or related to: Your use of the platform, including email campaigns sent through our system; Any content, data, or materials you upload, submit, or send, including but not limited to contact lists, email content, or campaign materials; Your violation of any applicable laws or regulations, including anti-spam laws (such as GDPR, CAN-SPAM, or similar regulations in your jurisdiction); Your breach of these Terms of Service or violation of any third-party rights. You further agree that Fertit is not responsible for reviewing the content of your campaigns or verifying the legality of your email lists. You are solely responsible for ensuring your use of the service is compliant with all applicable laws. Fertit reserves the right, at your expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification, and you agree to cooperate with our defense.
These Terms shall remain in full force and effect while you use the Service.
WITHOUT LIMITING ANY OTHER PROVISION OF THESE TERMS, WE RESERVE THE RIGHT TO, IN OUR SOLE DISCRETION AND WITHOUT NOTICE OR LIABILITY, DENY ACCESS TO AND USE OF THE SERVICE (INCLUDING BLOCKING CERTAIN IP ADDRESSES), TO ANY PERSON FOR ANY REASON OR FOR NO REASON, INCLUDING WITHOUT LIMITATION FOR BREACH OF ANY REPRESENTATION, WARRANTY, OR COVENANT CONTAINED IN THESE TERMS OR OF ANY APPLICABLE LAW OR REGULATION. WE MAY TERMINATE YOUR USE OR PARTICIPATION IN THE SERVICE OR DELETE YOUR ACCOUNT AND ANY CONTENT OR INFORMATION THAT YOU POSTED AT ANY TIME, WITHOUT WARNING, IN OUR SOLE DISCRETION.
Specific conditions that may lead to termination include:
We currently do not offer an in-app account deletion feature. To request termination of your account, please contact us directly at raufasadov23@gmail.com using the email address associated with your account. We will process your request as soon as possible, usually within 5–7 business days.
Upon termination of your account: Your access to the Fertit platform and services will be disabled Any active email campaigns or scheduled messages will be canceled We may permanently delete your stored content, including contact lists, campaign history, and uploaded assets You will remain responsible for any outstanding charges or fees incurred before termination All rights granted to you under these Terms will immediately cease Please ensure you back up any important data before requesting account termination. Provisions of these Terms that by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
These Terms and your use of the Service are governed by and construed in accordance with These Terms shall be governed by and construed in accordance with the laws of the Republic of Azerbaijan, without regard to its conflict of law provisions. You agree that any legal proceedings not subject to arbitration as set forth below shall be brought exclusively in the courts of Baku, Azerbaijan, and you consent to the jurisdiction of and venue in such courts..
In the event of any dispute, claim, or controversy arising out of or relating to these Terms, your use of the Fertit platform, or the services provided, you and Fertit agree to resolve such disputes through final and binding arbitration in Baku, Azerbaijan, conducted in accordance with the Arbitration Rules of the Arbitration and Mediation Center of Azerbaijan (ARMAC). The arbitration shall be conducted in the English or Azerbaijani language, at the election of the parties, and the decision of the arbitrator(s) shall be final and binding.
Notwithstanding the above, either party may seek: Injunctive or equitable relief in a court of competent jurisdiction to prevent the unauthorized use or abuse of the service, or infringement of intellectual property rights (e.g., trademarks, trade secrets, copyrights); Relief in small claims court, where applicable.
CLASS ACTION WAIVER: All claims must be brought in the parties’ individual capacity, and not as a plaintiff or class member in any purported class action, collective action, or representative proceeding.
We reserve the right to change these Terms at any time. We will alert you about any changes by updating the "Last Updated" date of these Terms, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms to stay informed of updates.
We will notify you of material changes by posting the updated Terms on our website and sending email notification., at least 15 days before the changes take effect. Your continued use of the Service after the effective date of revised Terms will constitute your acceptance of the changes.
Entire Agreement: These Terms and any policies or operating rules posted by us on the Service constitute the entire agreement and understanding between you and us.
Waiver: Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision.
Severability: If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions.
Assignment: You may not assign any of your rights or obligations under these Terms without our prior written consent. We may assign any or all of our rights and obligations to others at any time.
No Relationship: No joint venture, partnership, employment or agency relationship exists between you and us as a result of these Terms or use of the Service.