Fielse Commerce - FZCO

IFZA Business Park, DDP, 001 - 80378, Dubai Silicon Oasis, United Arab Emirates

Fielse ("Fielse", "we", "us", or "our") is operated by Fielse Commerce - FZCO, a Free Zone Company incorporated in Dubai Silicon Oasis, United Arab Emirates. These Terms of Use ("Terms") govern your access to and use of the Fielse platform, including our website, mobile applications, and all educational content and services made available through them (collectively, the "Fielse Service" or the "Service").

 

By registering for an account, ticking the acceptance checkbox, or otherwise accessing or using the Service, you confirm that you have read, understood, and agree to be bound by these Terms and our Privacy Policy, which is incorporated herein by reference. If you do not agree, you must not access or use the Service.

We reserve the right to update these Terms at any time. We will notify you of material changes at least 30 days in advance via email or a prominent notice on the platform. Continued use of the Service after the effective date of revised Terms constitutes your acceptance of those changes.

1. Membership and Account

1.1 Eligibility

You must be at least 18 years of age to create a Fielse account and become a member. In jurisdictions where the age of majority exceeds 18 years, the higher age applies. By creating an account, you represent and warrant that you meet this eligibility requirement. Individuals under 18 may only access the Service under the supervision and with the express consent of a parent or legal guardian, who shall be deemed to have accepted these Terms on their behalf.

1.2 Account Registration

When registering, you must provide accurate, current, and complete information. You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your account. You must notify us immediately at [email protected] if you suspect any unauthorised use of your account. Fielse will not be liable for any loss or damage arising from your failure to safeguard your account credentials.

1.3 Household Use

Your Fielse membership is for personal, non-commercial use within your household only. For the purposes of these Terms, "household" means individuals who reside at the same residential address as the account holder. Account sharing with individuals outside your household is not permitted and may result in immediate suspension or termination of your account.

1.4 Continuity

Your Fielse membership will continue on a month-to-month basis until you cancel or we terminate it in accordance with these Terms. To use the Service, you must have a compatible Internet-connected device and maintain a valid Payment Method on file.

2. Billing and Payment

2.1 Subscription Fee

The current subscription fees are displayed on the Fielse website and within your Account page. All fees are charged in the currency applicable to your region and are inclusive of any applicable taxes unless otherwise stated. If you are located in Turkey, payments are collected through our authorised local payment representative, Vade Enterprıses Bilişim Hizmetleri Tic. Ltd. Şti. (VKN: 9221483879), pursuant to a separate authorisation arrangement.

2.2 Billing Cycle

Subscription fees are billed monthly on the date you initially subscribed (the "Billing Date"), unless otherwise specified on your Account page. By providing a Payment Method, you authorise Fielse (or its authorised payment processor, including Stripe) to charge your Payment Method on each Billing Date for the applicable subscription fee, together with any applicable taxes and transaction fees.

2.3 Payment Method

"Payment Method" means a valid, accepted method of payment as updated from time to time, which may include credit/debit cards, digital wallets, or third-party payment platforms. You must ensure your Payment Method is current and valid at all times. You may update your Payment Method at any time via your Account page. Following any update, you authorise us to charge the updated Payment Method from the next billing cycle.

2.4 Failed Payments

If a payment fails, we may retry the charge during the billing period. If we are unable to collect payment, your access to the Service may be suspended until the outstanding amount is settled. We will notify you by email if a payment is declined.

2.5 No Refunds

All subscription fees are non-refundable. There are no refunds or credits for partially used subscription periods, unused content, or periods during which you did not access the Service, except where required by applicable mandatory consumer protection laws in your jurisdiction. Following cancellation, you will retain access to the Service until the end of the current billing period.

2.6 Price Changes

We may change our subscription fees from time to time. We will provide you with at least 30 days' advance written notice of any price change via email or through the platform. If you do not cancel your subscription before the price change takes effect, your continued use of the Service will constitute your acceptance of the new pricing. Price changes will not apply retroactively to already-paid billing periods.

2.7 Promotional Offers

Fielse may from time to time offer special promotional plans or discounts ("Offers"). Eligibility for any Offer is determined at our sole discretion. We reserve the right to revoke an Offer and revert your account to the applicable standard plan if we determine that you do not meet the eligibility criteria. Standard terms apply following the expiry of any promotional period.

2.8 Third-Party Membership Plans

We may make the Service available through third-party partners. If you subscribe through a third party, the billing terms of that third party will apply in addition to these Terms. Fielse is not responsible for any products or services provided by such third parties.

3. Cancellation and Termination

3.1 Cancellation by You

You may cancel your Fielse membership at any time by visiting the "Subscription" section of your Account page and following the cancellation instructions, or by contacting our support team at [email protected]. Cancellation takes effect at the end of your current billing period. No partial refunds will be issued for the remaining days of a billing period.

3.2 Termination by Fielse

We may suspend or terminate your account and access to the Service, with or without notice, if: (a) you breach these Terms or our policies; (b) we reasonably believe that your use poses a risk to the Service, other users, or third parties; (c) required by applicable law or a competent authority; or (d) we discontinue the Service. Where termination is for cause attributable to you, no refund will be issued for any remaining subscription period.

3.3 Effect of Termination

Upon termination or expiry of your membership, your right to access the Service ceases immediately (or at the end of the billing period in the case of voluntary cancellation). We may retain your data in accordance with our Privacy Policy and applicable law. Sections of these Terms that by their nature should survive termination will do so, including without limitation Sections 5, 6, 7, and 8.

4. Service Standards and Acceptable Use

4.1 Licence Grant

Subject to your compliance with these Terms, Fielse grants you a limited, personal, non-exclusive, non-transferable, revocable licence to access and use the Service for your personal, non-commercial educational purposes. This licence does not include any right to resell, sublicense, or otherwise exploit the Service or any content thereon.

4.2 Prohibited Activities

You agree not to, and agree not to assist or permit any third party to:

•       Archive, reproduce, distribute, modify, display, perform, publish, license, create derivative works from, or offer for sale any content obtained from or through the Service, except as expressly authorised.

•       Use any Fielse content, data, or metadata for the purpose of training, developing, testing, or improving any artificial intelligence (AI) models, machine learning systems, or automated algorithms without our prior written consent.

•       Circumvent, remove, alter, deactivate, degrade, or thwart any content protection mechanisms, including dynamic tokenised HLS encryption and digital rights management (DRM) systems.

•       Use any robot, spider, scraper, crawler, or other automated means to access, collect data from, or interact with the Service.

•       Decompile, reverse engineer, disassemble, or otherwise attempt to derive the source code of any software or technology used in connection with the Service.

•       Use any data mining, data gathering, or data extraction method in relation to the Service.

•       Introduce viruses, malware, or other harmful code into the Service.

•       Use the Service in a manner that could damage, disable, overburden, or impair its infrastructure or interfere with other users' access.

•       Violate any applicable law or regulation, including without limitation export control, data protection, or intellectual property laws.

•       Impersonate any person or entity or misrepresent your affiliation with any person or entity.

4.3 Content Quality and Technical Requirements

The quality of content delivery may vary depending on your device, location, network speed, and bandwidth. We recommend a minimum connection speed of 3.0 Mbps for HD content and 15.0 Mbps for 4K content. Fielse does not warrant that the Service will meet any specific quality thresholds on your device or network.

4.4 Updates and Modifications

We reserve the right to modify, suspend, or discontinue any feature or aspect of the Service at any time, with or without notice. We will use reasonable efforts to notify you of material changes in advance. Fielse shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Service.

5. Intellectual Property

All content available through the Service, including but not limited to text, video, audio, graphics, user interfaces, logos, trademarks, and software (collectively, "Fielse Content"), is owned by or licensed to Fielse and is protected by applicable copyright, trademark, and other intellectual property laws. Nothing in these Terms transfers any intellectual property rights to you.

 

You may not reproduce, republish, distribute, display, perform, transmit, or create derivative works of any Fielse Content without our prior written consent. Any feedback, suggestions, or ideas you provide to us may be used by us without restriction or compensation to you.

 

Fielse respects the intellectual property rights of third parties. If you believe that any content on our platform infringes your copyright, please contact us at [email protected] with sufficient detail to enable us to identify the allegedly infringing material.

6. Disclaimers and Limitation of Liability

6.1 "As Is" Basis

THE FIELSE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.

6.2 Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FIELSE, ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR IN CONNECTION WITH: (A) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE, THE SERVICE; (B) ANY CONDUCT OR CONTENT OF ANY THIRD PARTY ON THE SERVICE; OR (C) UNAUTHORISED ACCESS, USE, OR ALTERATION OF YOUR TRANSMISSIONS OR CONTENT.

 

IN NO EVENT SHALL OUR AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE EXCEED THE GREATER OF: (A) THE TOTAL SUBSCRIPTION FEES PAID BY YOU TO FIELSE IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) AED 500.

6.3 Consumer Rights

Nothing in these Terms shall limit or exclude any non-waivable consumer protection rights or remedies to which you may be entitled under the mandatory laws of your country of residence, including rights under Turkish consumer protection legislation (Law No. 6502) or applicable UAE Federal Law provisions.

7. Force Majeure

Neither party shall be liable for any delay or failure to perform its obligations under these Terms to the extent such delay or failure is caused by events beyond its reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, civil unrest, government actions, epidemics, pandemics, internet or telecommunications failures, or power outages ("Force Majeure Event"). The affected party shall promptly notify the other party and use reasonable endeavours to resume performance as soon as practicable. If a Force Majeure Event continues for more than 30 days, either party may terminate the affected obligations upon written notice.

8. Governing Law and Dispute Resolution

8.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Dubai International Financial Centre (DIFC), United Arab Emirates, without regard to its conflict of laws principles.

8.2 Informal Resolution

Before initiating any formal proceedings, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. We will use reasonable efforts to resolve your complaint within 30 days of receipt. If the dispute is not resolved within this period, either party may proceed to formal dispute resolution as set out below.

8.3 Dispute Resolution — DIFC Courts

Subject to Section 8.2, any dispute, controversy, or claim arising out of or in connection with these Terms, including any question regarding their existence, validity, interpretation, breach, or termination, shall be submitted to the exclusive jurisdiction of the DIFC Courts (Dubai International Financial Centre Courts), United Arab Emirates. Proceedings shall be conducted in English.

8.4 Users in Turkey

Users based in Turkey may alternatively submit disputes to the competent Turkish Consumer Arbitration Committees (Tüketici Hakem Heyeti) or Turkish Consumer Courts (Tüketici Mahkemesi) for matters falling within their jurisdiction under Turkish consumer protection law (Law No. 6502 and related regulations). The foregoing does not affect Fielse's right to seek injunctive or other equitable relief in any jurisdiction.

8.5 Users in the European Union

If you are a consumer resident in the European Union, you may also have the right to use the EU Online Dispute Resolution platform (https://ec.europa.eu/consumers/odr) for resolving disputes with traders established in the EU. This provision does not waive any mandatory consumer rights you may have under the law of your country of residence.

13. General Provisions

13.1 Entire Agreement

These Terms, together with our Privacy Policy and Cookie Policy, constitute the entire agreement between you and Fielse with respect to the Service and supersede all prior agreements, representations, and understandings.

13.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or severed if modification is not possible, and the remaining provisions shall continue in full force and effect.

13.3 Waiver

No failure or delay by Fielse in exercising any right or remedy under these Terms shall constitute a waiver of that right or remedy. A waiver of any breach shall not be construed as a waiver of any subsequent breach of the same or any other provision.

13.4 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations under these Terms to an affiliate, or in connection with a merger, acquisition, or sale of assets, without your consent, provided that the assignee assumes all obligations under these Terms.

13.5 Unsolicited Materials

Fielse does not accept unsolicited content ideas, feedback submissions, or programming suggestions for the Service. Any materials submitted to us unsolicited may be used by us without restriction and without any obligation of confidentiality or compensation.

13.6 Communications

We will communicate with you electronically, including via email to the address you provided at registration. You agree that all notices, agreements, and other communications provided electronically satisfy any legal requirement that such communications be in writing. You may update your email address at any time via your Account page.

13.7 Language

These Terms are made available in English and, where required by applicable law, in Turkish. In the event of any inconsistency between the English version and the Turkish version, the English version shall prevail except where mandatory local law requires otherwise.

13.8 Contact Us

For questions about these Terms or the Service, please contact us at:

Fielse Commerce - FZCO
IFZA Business Park, DDP, 001 - 80378, Dubai Silicon Oasis, United Arab Emirates
Email: [email protected]
Data Protection / Privacy: [email protected]

© Fielse Commerce - FZCO. All rights reserved.