Terms of Service | FiWi Community

1. Acceptance of Terms

1.1 Agreement Overview

These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between you and Market Gap Technologies Limited, a company registered under the laws of Jamaica, trading as "FiWi Community" ("Company," "we," "us," or "our"), governing your access to and use of the FiWi Community platform, including our website, mobile applications, and all related services (collectively, the "Platform" or "Services").

1.2 Acceptance

By accessing, downloading, installing, or using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are accepting these Terms on behalf of a company, organisation, strata corporation, homeowners association, or other legal entity ("Organisation"), you represent and warrant that you have the authority to bind such Organisation to these Terms, in which case "you" and "your" shall refer to such Organisation.

1.3 Modifications

We reserve the right to modify these Terms at any time. We will provide notice of material changes by posting the updated Terms on our Platform with a new "Last Updated" date and, where practicable, by sending an email notification to registered users. Your continued use of the Platform following such notification constitutes acceptance of the modified Terms. If you do not agree to the modified Terms, you must discontinue use of the Platform.

1.4 Additional Agreements

These Terms incorporate by reference our Privacy Policy, which describes how we collect, use, and protect your personal data in accordance with the Data Protection Act of Jamaica, 2020. Community Customers may also be subject to additional terms contained in a separate Master Service Agreement.

2. Definitions

In these Terms, unless the context otherwise requires:

"Community" means a gated residential community, strata development, apartment complex, townhouse scheme, or similar residential development that uses the Platform.
"Community Customer" means a strata corporation, residents' association, property management company, homeowners' association, or similar entity that has entered into an agreement with the Company to use the Platform on behalf of a Community.
"End User" means any individual who accesses or uses the Platform, including Residents, Security Personnel, and Community administrators.
"Personal Data" has the meaning given in the Data Protection Act of Jamaica, 2020, and includes any information relating to an identified or identifiable natural person.
"Platform" means the FiWi Community technology platform, including the website, web application, mobile applications, APIs, hardware integrations, and all associated services.
"Resident" means an individual who resides in or owns property within a Community and who is authorised to use the Platform.
"Security Personnel" means individuals employed or contracted by a Community Customer to provide security services at a Community, who use the Platform in the course of their duties.
"Visitor" means any individual who is not a Resident but who seeks to enter or has entered a Community, including but not limited to guests, contractors, delivery personnel, and service providers.

3. Description of Services

3.1 Platform Overview

FiWi Community provides a technology platform that facilitates community management for gated residential communities in Jamaica. The Platform offers tools for visitor management, access control integration, license plate recognition, community communications, and financial management. The specific features available to you depend on your role and the service tier selected by your Community Customer.

3.2 Core Services

Subject to these Terms and any applicable service agreement, the Platform may include:

Visitor Management: Pre-registration of visitors, digital check-in/check-out, visitor pass generation, and visitor logs
Access Control Integration: Integration with physical access control systems including barriers, turnstiles, and pedestrian gates
License Plate Recognition: Automated vehicle identification for streamlined entry/exit
Community Communications: Announcements, notifications, and messaging between community members and management
Financial Management: Maintenance fee tracking, payment processing, and financial reporting
Mobile Applications: iOS and Android applications for Residents and Security Personnel

3.3 Technology Platform Only

THE PLATFORM IS A TECHNOLOGY TOOL ONLY. FIWI COMMUNITY DOES NOT PROVIDE PHYSICAL SECURITY SERVICES, DOES NOT EMPLOY SECURITY GUARDS OR PERSONNEL, AND DOES NOT GUARANTEE THE PREVENTION OF UNAUTHORIZED ACCESS, THEFT, PROPERTY DAMAGE, OR PERSONAL INJURY. THE PLATFORM IS DESIGNED TO SUPPLEMENT, NOT REPLACE, PHYSICAL SECURITY MEASURES AND HUMAN JUDGMENT. COMMUNITY CUSTOMERS REMAIN SOLELY RESPONSIBLE FOR ALL SECURITY DECISIONS AND PHYSICAL SECURITY ARRANGEMENTS WITHIN THEIR COMMUNITIES.

3.4 Service Availability

We strive to maintain Platform availability but do not guarantee uninterrupted service. The Platform may be temporarily unavailable due to scheduled maintenance, emergency maintenance, telecommunications failures, power outages, natural disasters, or circumstances beyond our reasonable control. Critical security systems should always have manual override capabilities that do not depend on Platform availability.

4. Account Registration and Responsibilities

4.1 Eligibility

To create an account on the Platform, you must be at least eighteen (18) years of age and have the legal capacity to enter into binding contracts under the laws of Jamaica.

4.2 Account Creation

When you register for an account, you agree to provide accurate, current, and complete information and to maintain and promptly update such information. Account registration may require verification of your identity, residence, or association with a Community. We reserve the right to suspend or terminate accounts with inaccurate or incomplete information.

4.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials, including your password and any authentication codes. You agree to notify us immediately at [email protected] of any unauthorized use of your account or any other breach of security. You are responsible for all activities that occur under your account, whether or not you have authorized such activities.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Platform only for lawful purposes and in accordance with these Terms. You agree to use the Platform only for its intended purpose of facilitating community management and security within residential communities.

5.2 Prohibited Conduct

You agree not to:

Use the Platform in any way that violates any applicable law or regulation, including the Data Protection Act, the Computer Misuse Act of Jamaica, or any anti-discrimination laws
Use the Platform to discriminate against any person based on race, colour, national origin, religion, sex, familial status, disability, or any other protected characteristic under the Charter of Fundamental Rights and Freedoms (Constitutional Amendment) Act, 2011
Access or attempt to access data belonging to other Communities, Residents, or users without authorization
Share, sell, or transfer your account credentials to any third party
Use the Platform to stalk, harass, threaten, or intimidate any person
Attempt to probe, scan, or test the vulnerability of the Platform or any related system or network, or breach any security or authentication measures
Interfere with or disrupt the Platform or servers or networks connected to the Platform
Use any robot, spider, scraper, or other automated means to access the Platform without our express written permission
Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform

6. Intellectual Property Rights

6.1 Company Intellectual Property

The Platform, including all software, algorithms, user interfaces, designs, trademarks, logos, and documentation, is the exclusive property of Market Gap Technologies Limited or its licensors. Nothing in these Terms grants you any right, title, or interest in such intellectual property except for the limited license to use the Platform as expressly provided herein.

6.2 License to Use Platform

Subject to your compliance with these Terms, the Company grants you a limited, non-exclusive, non-transferable, revocable license to access and use the Platform for its intended purposes. This license does not include any right to sublicense, sell, modify, adapt, reverse engineer, or create derivative works of the Platform.

6.3 Your Data

Community Customers retain all ownership rights in the data they and their Residents input into the Platform. The Company claims no ownership of your data. We will not sell, rent, or share your data with third parties for their marketing or other purposes unrelated to providing the Services.

7. Disclaimers and Warranties

7.1 THE PLATFORM IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

7.2 THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL PREVENT UNAUTHORIZED ACCESS, SECURITY BREACHES, THEFT, VANDALISM, OR ANY OTHER CRIMINAL ACTIVITY. THE PLATFORM IS A TECHNOLOGY TOOL AND NOT A SUBSTITUTE FOR PHYSICAL SECURITY MEASURES, TRAINED SECURITY PERSONNEL, OR SOUND SECURITY POLICIES.

7.3 THE COMPANY DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

7.4 THE COMPANY DOES NOT WARRANT THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY DATA, INFORMATION, OR CONTENT OBTAINED THROUGH THE PLATFORM.

7.5 Third-Party Services

The Platform may integrate with or provide links to third-party services, including payment processors, hardware manufacturers, and telecommunications providers. The Company is not responsible for and makes no warranties regarding such third-party services.

7.6 Force Majeure

The Company shall not be liable for any delay or failure in performance resulting from causes beyond its reasonable control, including acts of God, natural disasters, epidemic or pandemic, war, terrorism, government actions, telecommunications failures, or power outages.

8. Limitation of Liability

8.1 TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES.

8.2 THE COMPANY'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE PLATFORM SHALL BE LIMITED AS SET FORTH IN YOUR APPLICABLE SERVICE AGREEMENT, OR WHERE NO SERVICE AGREEMENT EXISTS, SHALL NOT EXCEED THE FEES PAID BY YOU TO THE COMPANY DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM.

8.3 THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

8.4 Exceptions

Nothing in these Terms shall limit or exclude liability for: (a) death or personal injury caused by the Company's negligence; (b) fraud or fraudulent misrepresentation; or (c) any other liability that cannot be excluded or limited under applicable law.

9. Dispute Resolution

9.1 Governing Law

These Terms and any dispute arising out of or relating to these Terms or the Platform shall be governed by and construed in accordance with the laws of Jamaica, without regard to its conflict of laws principles.

9.2 Informal Resolution

Before initiating any formal dispute resolution proceeding, you agree to first attempt to resolve any dispute informally by contacting the Company at [email protected]. We will attempt to resolve the dispute informally within thirty (30) days.

9.3 Mediation and Arbitration

If informal resolution is unsuccessful, either party may refer the dispute to mediation administered by the Jamaica International Arbitration Centre (JAIAC) or another mutually agreed mediation provider. If mediation does not resolve the dispute within sixty (60) days, either party may refer the dispute to binding arbitration administered by JAIAC under its Arbitration Rules. The arbitration shall be conducted in Kingston, Jamaica, in English, by a single arbitrator. The arbitrator's award shall be final and binding.

9.4 Exceptions to Arbitration

Either party may seek injunctive or equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement of intellectual property rights, or seek relief in the Resident Magistrate's Court for claims within its jurisdictional limits.

9.5 TO THE EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

9.6 Time Limitation

Any claim arising out of or relating to these Terms or the Platform must be filed within one (1) year after the cause of action arose, or such claim shall be permanently barred.

9.7 Jurisdiction

For any matters not subject to arbitration, you agree to submit to the exclusive jurisdiction of the courts of Jamaica.

10. General Provisions

10.1 Entire Agreement

These Terms, together with the Privacy Policy and any applicable service agreement, constitute the entire agreement between you and the Company regarding the Platform.

10.2 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, the remaining provisions shall continue in full force and effect.

10.3 Waiver

The failure of the Company to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

10.4 Assignment

You may not assign or transfer these Terms without the prior written consent of the Company. The Company may assign these Terms without restriction.

10.5 Electronic Communications

By using the Platform, you consent to receive communications from the Company electronically. You agree that electronic communications satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Transactions Act of Jamaica, 2006.

10.6 Language

These Terms are provided in English only, in accordance with the Consumer Protection Act of Jamaica, 2005.

11. Contact Information

If you have any questions about these Terms of Service, please contact us:

Company Name: Market Gap Technologies Limited
Trading As: FiWi Community
Website: www.fiwi.community
General Inquiries: [email protected]
Legal Inquiries: [email protected]
Data Protection Inquiries: [email protected]

By using the FiWi Community Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.