These Terms of Service govern your access to and use of the Fisga platform and related services operated by Micstura LLC. Please read them carefully. By using the Service, you agree to these Terms.
These Terms of Service (the "Terms") are a binding agreement between you and the entity you represent ("you," "your," or "Customer") and Micstura LLC, a Utah limited liability company ("Micstura," "Fisga," "we," "us," or "our"). They govern your access to and use of the Fisga website at fisga.co, the Fisga application, and any related services, features, and content we provide (together, the "Service").
By accessing or using the Service, creating an account, or clicking to accept these Terms, you agree to be bound by them and by our Privacy Policy and Data Use and Processing page, which are incorporated by reference. If you do not agree, do not use the Service.
If you have signed a separate written agreement or order form with us that covers your use of the Service (an "Order Form"), that agreement controls to the extent it conflicts with these Terms.
The Service is intended for business and professional use only. It is not directed to consumers or to individuals for personal, family, or household purposes.
Fisga is a decision-intelligence platform that generates market and consumer intelligence. It builds modeled respondent panels grounded in public United States federal datasets (such as U.S. Census ACS and PUMS, Bureau of Labor Statistics data, BRFSS, FRED, and GSS), applies probabilistic modeling, and produces structured outputs across study types that may include feasibility, pricing, positioning, concept testing, and segmentation.
We may add, change, suspend, or discontinue features of the Service at any time. We will use reasonable efforts to give notice of material changes that adversely affect active paid Customers.
To use most features you must create an account. You agree to provide accurate, current, and complete information and to keep it up to date. You are responsible for all activity that occurs under your account and for maintaining the confidentiality of your credentials. Notify us promptly at fisga@micstura.com if you suspect unauthorized use. We are not liable for losses arising from your failure to safeguard your credentials.
The Service is offered through subscription plans, one-time packages, and credit-based usage, as described at the point of purchase. Certain features consume credits or are metered. Details of your plan, including included studies, seats, and any expiration, are shown at checkout or in your Order Form.
Paid plans are billed through our third-party payment processor. You authorize us and our processor to charge your designated payment method for all fees. You represent that you are authorized to use the payment method you provide. Fees are stated exclusive of taxes, and you are responsible for any applicable sales, use, or similar taxes.
Subscription plans renew automatically for successive periods unless cancelled before the end of the then-current term. You may cancel from your account settings or by contacting us. Cancellation takes effect at the end of the current billing period.
Except where required by law or expressly stated at purchase, fees are non-refundable and are not prorated for partial periods or unused credits.
If any amount is past due, we may suspend or terminate your access to the Service until payment is made.
You agree not to, and not to permit anyone else to:
We may investigate suspected violations and may suspend or terminate access for conduct we reasonably believe violates these Terms or harms other users, us, or third parties.
"Customer Content" means the documents, briefs, data, text, and other materials you upload to or submit through the Service, and the study configurations you create.
As between you and us, you retain all rights in your Customer Content. We do not claim ownership of it.
You grant us a limited, non-exclusive, worldwide license to host, store, process, transmit, and display your Customer Content solely to provide, secure, maintain, and improve the Service for you, and to send it to the subprocessors described in our Data Use and Processing page for that purpose. This license ends when your Customer Content is deleted, except for residual copies retained in backups for a limited period or as required by law.
You represent and warrant that you own or have all rights, licenses, and permissions necessary to upload your Customer Content and to grant the license in Section 7.2, and that your Customer Content and its use by us in accordance with these Terms do not infringe or violate the rights of any third party or any law.
"Outputs" means the panels, analyses, reports, and other results the Service generates from your inputs. Subject to your payment of applicable fees and your compliance with these Terms, we assign to you our rights in the Outputs generated for you, so that you may use them for your internal business purposes. You are responsible for how you use Outputs. Because of the nature of generative and probabilistic systems, Outputs may not be unique to you, and similar inputs from other Customers may generate similar Outputs.
We respect the intellectual property rights of others and expect users to do the same. You are solely responsible for the materials you upload, and by uploading you represent that you have the necessary rights to do so.
If you believe material on the Service infringes your copyright, send a written notice to our Designated Agent that includes: (1) a physical or electronic signature of the copyright owner or a person authorized to act on their behalf; (2) identification of the copyrighted work claimed to be infringed; (3) identification of the material claimed to be infringing and information reasonably sufficient to let us locate it; (4) your contact information; (5) a statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and (6) a statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or are authorized to act on the owner's behalf.
DMCA Agent, Micstura LLC
2720 S W Temple St
South Salt Lake, UT 84115
United States
Email: fisga@micstura.com
If your material was removed, you may submit a counter-notice containing: (1) your signature; (2) identification of the removed material and its prior location; (3) a statement under penalty of perjury that you have a good-faith belief the material was removed by mistake or misidentification; and (4) your name, address, and phone number, your consent to the jurisdiction of the federal court for your district (or, if outside the United States, any district in which we may be found), and your acceptance of service of process from the party who filed the original notice. If we receive a valid counter-notice, we may restore the material in 10 to 14 business days unless the original complainant files a court action.
We will, in appropriate circumstances and at our discretion, terminate the accounts of users who are repeat infringers.
You acknowledge and agree that:
The Service, including its software, models, prompts, user interface, design, text, graphics, and the Fisga and Micstura names and logos, is owned by us or our licensors and is protected by intellectual property laws. Except for the rights expressly granted in these Terms, we reserve all rights in the Service. You may not use our trademarks without our prior written consent.
If you provide feedback or suggestions about the Service, you grant us a perpetual, irrevocable, royalty-free license to use them without restriction or obligation to you.
Each party may receive information of the other that is marked confidential or that a reasonable person would understand to be confidential ("Confidential Information"). The receiving party will use the disclosing party's Confidential Information only to perform under these Terms and will protect it using at least reasonable care. This section does not apply to information that is public through no fault of the receiving party, was known to it without duty of confidence, or is independently developed. We treat your Customer Content as your Confidential Information.
The Service relies on and may link to third-party services, including cloud hosting, database, model, analytics, search, and email providers described in our Data Use and Processing page. We are not responsible for third-party services, and your use of them may be subject to their terms. Our provision of the Service depends on the availability of these providers.
The Service and all Outputs are provided "as is" and "as available," without warranties of any kind, whether express, implied, or statutory. To the maximum extent permitted by law, we disclaim all warranties, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement, and any warranty regarding accuracy, reliability, completeness, availability, or that the Service will be uninterrupted or error-free. You assume all risk arising from your use of the Service and reliance on Outputs.
To the maximum extent permitted by law, neither party will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to these Terms or the Service, even if advised of the possibility of such damages.
To the maximum extent permitted by law, our total aggregate liability arising out of or relating to these Terms or the Service will not exceed the greater of (a) the amounts you paid us for the Service in the twelve months before the event giving rise to the liability, or (b) one hundred U.S. dollars ($100).
Some jurisdictions do not allow certain limitations, so some of the above may not apply to you.
You will defend, indemnify, and hold harmless Micstura LLC and its officers, members, employees, and agents from and against any claims, damages, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to (a) your Customer Content, (b) your use of the Service or Outputs, (c) your violation of these Terms or of any law or third-party right, or (d) your representation of Outputs to third parties.
These Terms apply while you use the Service. You may stop using the Service and close your account at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, or if continuing to provide the Service becomes impractical. On termination, your right to use the Service ends. Sections that by their nature should survive termination will survive, including Sections 7, 9, 10, 11, 13, 14, 15, 17, and 19. We will make your Customer Content available for export for a limited period after termination on request, after which it may be deleted as described in our Data Use and Processing page.
Before starting an arbitration, you agree to first contact us at fisga@micstura.com and give us 30 days to resolve the dispute informally. Most concerns can be resolved this way.
Except as stated in Section 17.5, you and we agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service will be resolved by final and binding individual arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be conducted in Salt Lake County, Utah, or by videoconference, and judgment on the award may be entered in any court of competent jurisdiction. The arbitrator has exclusive authority to resolve any dispute about the interpretation, applicability, or enforceability of this arbitration agreement.
You and we agree that each may bring claims against the other only in an individual capacity, and not as a plaintiff or class member in any purported class, collective, consolidated, or representative proceeding. The arbitrator may not consolidate more than one person's claims and may not preside over any form of a representative or class proceeding.
You may opt out of the arbitration agreement in Sections 17.2 and 17.3 by emailing fisga@micstura.com within 30 days of first accepting these Terms, with your name, account email, and a clear statement that you opt out of arbitration. Opting out does not affect any other part of these Terms.
Either party may bring an individual action in small-claims court, and either party may seek injunctive or equitable relief in a court of competent jurisdiction to protect its intellectual property or Confidential Information. If the class action waiver in Section 17.3 is found unenforceable as to a particular claim, that claim will be severed and heard in court, and the rest of this Section will remain in effect.
These Terms and any dispute are governed by the laws of the State of Utah, without regard to its conflict-of-laws rules. Subject to the arbitration agreement above, the state and federal courts located in Salt Lake County, Utah have exclusive jurisdiction over any dispute not subject to arbitration, and you consent to their jurisdiction and venue.
We may update these Terms from time to time. If we make material changes, we will update the "Last updated" date and provide reasonable notice, such as by email or an in-Service notice. Changes take effect when posted unless stated otherwise. Your continued use of the Service after changes take effect means you accept the updated Terms.
Entire agreement. These Terms, the Privacy Policy, the Data Use and Processing page, and any Order Form are the entire agreement between you and us about the Service and supersede prior agreements on that subject.
Assignment. You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
Severability. If any provision is found unenforceable, the rest remain in effect.
No waiver. Our failure to enforce any provision is not a waiver of it.
Force majeure. We are not liable for delays or failures caused by events beyond our reasonable control.
Notices. We may give notices to you by email or through the Service. You may send notices to us at the contact below.
Relationship. The parties are independent contractors. These Terms create no partnership, agency, or employment relationship.
Micstura LLC
2720 S W Temple St
South Salt Lake, UT 84115
United States
General: fisga@micstura.com
Copyright/DMCA: fisga@micstura.com