Terms of Service

Last updated: 26 June 2025

These Terms of Service (“Terms”) govern access to and use of the Fecusio platform (the “Service”) provided by Overcode, a company incorporated under the laws of the Republic of Serbia with its registered office at Jovana Cvijića 10, 21101 Novi Sad, Serbia, company registration number 67879724 (“Fecusio”, “we”, “us”).

By creating an account, clicking an “I agree” button, executing an order form, or otherwise accessing or using the Service, the individual or entity doing so (“Customer” or “you”) agrees to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

“Account” – the Customer’s registered account that enables use of the Service.
”Confidential Information” – all non‑public information disclosed by either party that is designated confidential or that a reasonable person would understand to be confidential.
”Customer Data” – data, code, text, configuration information, or other content that Customer submits to, stores on, or transmits through the Service, including Personal Data.
”Free Plan” – the no‑charge subscription tier described on our pricing page, subject to usage limits.
”Personal Data” – any information relating to an identified or identifiable natural person.
”SDK” – Fecusio‑provided software‑development kits that enable Customer to integrate the Service into its applications.
”Platform” or “Service” – the hosted Fecusio application, APIs, SDKs, and related websites.
”Plan” – the specific subscription level chosen by Customer.

2. Changes to Terms

We may revise these Terms. We will post the updated version and, for material changes, notify the Account owner by email. Changes become effective on the stated “last updated” date. If you object, you must cancel your Plan or delete your Account within 30 days; continued use constitutes acceptance.

3. Account Registration & Security

Eligibility. You must be the legal age and have legal ability to form a binding contract under Serbian law and other applicable jurisdiction.
Accurate Information. Provide true, current, and complete information and keep it updated.
Credentials. Keep log‑in credentials confidential. You are responsible for all activities under your Account.
No Automated Registration. Accounts created by bots or other automated methods are prohibited.

4. Plans, Fees & Payment

Plan Features. Each Plan includes the features and usage allocations (e.g., monthly request volume, number of feature flags, seats) described on our pricing page at the time of subscription.
Free Plan. The Free Plan is provided without charge, subject to the published limits. We may modify or discontinue the Free Plan at any time.
Paid Plans. Fees for paid Plans are billed in advance, on a monthly or annual basis (as selected during checkout), and are non‑refundable except as required by law. Applicable taxes are additional.
Upgrades & Downgrades. Upgrading takes effect immediately, and we will charge the pro‑rated fee for the remainder of the current billing cycle. Downgrades take effect at the next renewal. Usage above Plan limits may incur overage charges at the then‑current rates.
Late Payment. Overdue amounts may result in suspension of access.

5. Customer Data & Privacy

Data Ownership. Customer retains all rights to Customer Data.
Processing. We will process Customer Data solely to provide and improve the Service, in accordance with our Privacy Policy and any applicable Data Processing Agreement.
Security. We employ industry‑standard technical and organizational measures to protect Customer Data. However, Customer acknowledges that no system is perfectly secure and agrees to transmit data at its own risk.

6. Confidentiality

Each party will: (a) protect the other party’s Confidential Information with the same degree of care it uses for its own confidential information (and at least reasonable care); (b) not use Confidential Information except to perform its obligations or exercise its rights under these Terms; and (c) not disclose Confidential Information to any third party except to its employees, contractors, and advisors who are bound by confidentiality obligations at least as protective. These obligations survive 5 years after disclosure (or indefinitely for trade secrets).

7. Intellectual Property

Ownership. The Service (including the SDKs) is owned and operated by Fecusio and is protected by intellectual‑property laws. Customer receives only the limited rights expressly granted in these Terms. Fecusio retains all right, title, and interest in and to the Service, including all improvements, derivatives, and feedback.

8. Acceptable Use

Customer agrees not to:

use the Service for any illegal, harmful, or fraudulent activity;
resell, sublicense, lend, or distribute the Service or SDKs to third parties (except as expressly permitted by an Enterprise agreement);
upload malware or interfere with the integrity or performance of the Service;
exceed the usage limits of the selected Plan.

Fecusio may suspend or terminate access for violations.

9. Availability & Support

Fecusio will use commercially reasonable efforts to make the Service available 24×7, excluding planned maintenance (of which we will give advance notice) and force‑majeure events. The Service is otherwise provided “as is” and “as available.” We disclaim all implied warranties, including merchantability, fitness for a particular purpose, and non‑infringement.

10. Limitation of Liability

To the maximum extent permitted by law, Fecusio’s aggregate liability arising out of or related to the Service will not exceed the fees paid by Customer in the 12 months preceding the first incident. Fecusio will not be liable for any indirect, special, incidental, consequential, or punitive damages (including loss of profits, data, or goodwill).

11. Term & Termination

Term. These Terms remain in effect while Customer has an active Account.
Customer Termination. Customer may delete its Account at any time from the dashboard. Paid Plans remain active until the end of the current billing period; fees are not refunded.
Fecusio Termination. We may suspend or terminate access immediately if Customer (a) breaches these Terms and fails to cure within 15 days of notice, (b) violates applicable law, or (c) becomes insolvent.
Post‑Termination. Upon termination, Customer’s access ceases. We will retain Customer Data for 30 days to allow export (except for the Free Plan, which may be deleted sooner) and will then delete it unrecoverably, unless legal obligations require longer retention.

12. Miscellaneous

Entire Agreement. These Terms constitute the entire agreement between the parties concerning the subject matter.
Assignment. Customer may not assign these Terms without Fecusio’s prior written consent. Fecusio may freely assign its rights and obligations.
Severability. If any provision is unenforceable, it will be limited to the minimum extent necessary so that the remaining Terms remain in full force.
Governing Law. These Terms are governed by the laws of the Republic of Serbia, excluding conflict‑of‑laws rules.
Venue. The courts located in Novi Sad, Serbia, will have exclusive jurisdiction over any dispute arising out of these Terms.
Notices. Legal notices must be sent to support@fecusio.com and are deemed given when received.

13. Contact

For support or other inquiries, please email support@fecusio.com.