Last updated: Friday Nov. 1st 2024

1. Description

Fractional is a collaborative time management application. The Fractional online tools and platform, including fractional.tools, the Fractional mobile apps and other Fractional websites (collectively, the “Services“), are owned and operated by Fractional Solutions, LLC (“Fractional“).

2. Limited License

Your use of the Services constitutes a non-exclusive, non-transferable, revocable, limited license to access and use the Services pursuant to the Terms of Use listed herein. Fractional reserves the right to terminate this license at any time for any reason. You understand and agree that the limited license to use the Services is provided on an AS IS and AS AVAILABLE basis. Fractional disclaims all responsibility and liability for the availability, timeliness, security, or reliability of the Services. Fractional also reserves the right to modify, suspend, or discontinue the Services and any related applications with or without notice at any time and without any liability to you.

3. Acceptance of Terms

Fractional provides a limited license for you to use the Services subject to the following Terms of Use, which may be updated by Fractional from time to time without notice to you. By accessing and using the Services, you accept and agree to be bound by the terms and provisions of these Terms of Use. If you do not accept and abide by these Terms of Use, you may not use the Services. Nothing in these Terms of Use shall be deemed to confer any third party rights or benefits.

4. Private Use

The Services are made available to you for your private use only. You must provide current, accurate identification, contact, and other information that may be required as part of the registration process and/or continued use of the Services. You agree and understand that you are responsible for maintaining the confidentiality of passwords associated with any account you use to access the Services, and you are responsible for all activities that occur thereunder.

5. Proper Use

You agree that you are responsible for your own communications and for any consequences thereof. You agree that you will use the Services in compliance with all applicable local, state, national, and international laws, rules, and regulations, including any laws regarding the transmission of technical data exported from your country of residence. You shall not, shall not agree to, and shall not authorize or encourage any third party to: (i) use the Services to upload, transmit, or otherwise distribute any content that is unlawful, defamatory, harassing, abusive, fraudulent, obscene, contains viruses, or is otherwise objectionable as determined by Fractional in its sole discretion; (ii) upload, transmit, or otherwise distribute content that infringes upon another party’s intellectual property rights or other proprietary, contractual, or fiduciary rights or obligations; (iii) prevent others from using the Services; or (iv) use the Services for any fraudulent or inappropriate purpose. Violation of any of the foregoing may result in immediate termination of your account and may subject you to state and federal penalties and other legal consequences. Fractional reserves the right, but shall have no obligation, to investigate your use of the Services to determine whether a violation of the these Terms of Use has occurred or to comply with any applicable law, regulation, legal process, or governmental request.

6. Content

Fractional takes no responsibility for third party content (including, without limitation, any viruses or other disabling features), nor does Fractional have any obligation to monitor such third party content. Fractional reserves the right at all times to remove or refuse to distribute any content on the Services, such as content which violates these Terms of Use or is, in Fractional' sole discretion, objectionable and/or profane or pornographic. Fractional also reserves the right to access, read, preserve, disclose, and/or delete any information or data it believes is necessary to (a) satisfy any applicable law, regulation, legal process, or governmental request, (b) enforce these Terms of Use, including investigation of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security, or technical issues, (d) respond to user support requests, or (e) protect the rights, property, or safety of Fractional, its users, and the public. Fractional is not responsible or liable for the exercise or non-exercise of its rights under these Terms of Use.

Fractional agrees that it has no rights to the data, documents, information, or material that you submit in the course of using the Services. You acknowledge and agree that you have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use all data submitted, and you further agree that Fractional shall not be responsible or liable for the deletion, correction, modification, destruction, damage, loss, or failure to store any of your data, whether submitted by you, shared with others, or received from third parties. You agree to indemnify and hold Fractional harmless from any liability caused by your use and/or submission of data in violation of a third party's claim to, permitted use of, or copyright or other rights of ownership claimed with respect to such data.

7. Intellectual Property Rights

Fractional Intellectual Property Rights. You acknowledge that Fractional owns all right, title, and interest in and to the Services and all content therein, including without limitation all intellectual property rights and associated applications, and that such rights are protected by United States and international intellectual property laws. Accordingly, you agree that you will not copy, reproduce, alter, modify, or create derivative works from the Services or related applications or any content therein. You also agree that you will not use any robot, spider, other automated device, or manual process to monitor or copy any content from the Services or related applications. Fractional' intellectual property rights specifically include, but are not limited to, all rights to (i) the Services developed and provided by Fractional; and (ii) all software associated with the Services and related applications.

Your Intellectual Property Rights. Fractional does not claim any ownership in any of the content that you upload, transmit, or store in your Fractional account. Fractional will not use any of your content for any purpose except in connection with the operation of the Services. However, you agree that Fractional has the right to make available such of your content as is necessary to other companies, organizations, or individuals with whom Fractional has relationships for the operation of the Services and related applications, such as Google™ and its affiliates, and to use such content in connection with the operation and improvement of the Services and related applications.

8. Representations and Warranties

You represent and warrant that (a) all of the information provided by you to Fractional to participate in the Services is correct and current; and (b) you have all necessary right, power and authority to enter into the agreement of the Terms of Use and to perform the acts required of you hereunder.

9. Privacy

As a condition to using the Services, you agree to the terms of the Fractional Tools Privacy Policy as it may be updated from time to time. Fractional understands that privacy is important to you. You do, however, acknowledge and agree that Fractional may monitor, edit, or disclose your personal information, if required to do so in order to comply with any valid legal process or governmental request (such as a search warrant, subpoena, statute, or court order), or as otherwise provided in these Terms of Use and the Fractional Tools Privacy Policy, which can be found at https://fractional.tools/privacy.

10. Termination; Cancellation

You may cancel your use of the Services without cause at any time by emailing cancel@fractional.tools. Fractional may at any time and for any reason terminate your access to the Services, terminate or modify these Terms of Use, or suspend or terminate your account. In the event of termination, your account will be disabled, and you may not be granted access to your account or any files or other content contained in your account although residual copies of information may remain in our system. Except as set forth above or unless Fractional has previously canceled or terminated your use of the Services (in which case subsequent notice by Fractional shall not be required), Fractional will notify you via email of any such termination or cancellation, which shall be effective immediately upon Fractional's sending of such notice.

11. Advertisements

Fractional Lite accounts may be supported in part by advertising revenue and may display advertisements and promotions throughout the Services. These advertisements may be targeted to the content of information stored in the Services, queries made through the Services, or other information submitted to the Services. The manner, mode, and extent of advertising by Fractional within the Services for Lite accounts are subject to change without specific notice to you. In consideration for Fractional granting you access to and use of the Services, you agree that Fractional may place such advertising throughout the Services. Fractional accounts with paid licenses will not display advertisements and the content of paid accounts will not be used for the purpose of targeting advertisements.

12. Age Requirements

The Services are available for persons age 18 years or older. To the extent prohibited by applicable law, Fractional does not allow use of the Services by anyone younger than 18 years old.

Indemnification

You agree to hold harmless and indemnify Fractional and its subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Services and related applications, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and/or attorneys' fees, of every kind and nature.

14. Jurisdiction and Venue

By your use of the Services, you agree to submit to the personal and exclusive jurisdiction of the courts located within Louisville, Kentucky, USA.

Additional Terms of Use for Fractional Customers

End User License Agreement

The following terms and conditions apply to all users who purchase a subscription to Fractional.

1. Acceptance of Fractional Terms of Use

By using the full version of Fractional and/or submitting payment for a subscription, you agree to these Additional Terms that supplement the Fractional Terms of Use located above.

Fractional reserves the right to update and change, from time to time, these Additional Terms and all documents incorporated by reference.

2. Description of Features

Additional functionality that may be added at a later date.

3. Payment Terms

General Terms – If you are purchasing a Fractional subscription, you will be charged automatically and immediately using the payment method you have selected. All currency references are in U.S. dollars.

Payment for Subscription – Payment occurs on a pre-pay basis and you will be charged for the price upfront. Subscriptions will automatically renew as specified at the time of initial checkout. You can turn off auto-renew for your subscription by following these steps for Fractional for YOU subscriptions or these steps for Fractional for BUSINESS subscriptions. If you turn off auto-renew, near the expiration of your annual subscription, you will be prompted to renew your Fractional subscription, at which time you may elect to continue your annual subscription. If you do not elect to renew your Fractional subscription, your account will automatically revert to a free Fractional Lite account upon the expiration of your Fractional subscription.

Cancellation of Subscription – Please note, unless Fractional gives notice to the contrary, payment for subscriptions is non-refundable. If you cancel your subscription before the end of the term for which you paid, your cancellation will take effect immediately, and you will not be given any refund.

Termination – If your payment is invalid for any reason, your Fractional account will revert to a free Fractional Lite account; provided, however, that Fractional reserves the right to cancel your account entirely in such case, whereupon all the information and content contained within it may be deleted permanently. Fractional accepts no liability for information or content that is deleted due to an invalid payment.

4. Fractional's Reservation of Rights

Fractional expressly reserves the right to immediately modify, delete content from, suspend, or terminate your account and refuse current or future use of any Fractional version, including Fractional Lite, if Fractional, in its sole discretion, believes you have: (i) violated or tried to violate the rights of others; or (ii) acted inconsistently with the spirit or letter of the Terms of Use or these Additional Terms. In such event, your Fractional account may be suspended or cancelled immediately in Fractional's sole discretion, all the information and content contained within it deleted permanently, and you will not be entitled to any refund of any of the amounts you have paid for such account. Fractional accepts no liability for information or content that is deleted.