Agreement to Terms of Use

This is a legal and binding agreement between you, the user of the FamBear Platform, as defined below, ("you", “your'', “Caregiver”, Service Provider”, “Customer” “User”, “Users”) and the brand name FamBear under American Thai Holdings Company Limited ("FamBear", “we”, “us”, “our”, “Site”), a company registered under the laws of the Kingdom of Thailand, with its principal office in Bangkok, stating the terms that govern your use of the FamBear Platform. These Terms and Conditions of Use (the "Terms of Use") apply to the FamBear website - www.fambear.com, mobile website, mobile application, mobile applications, FamBear software, third-party communication applications, FamBear software, FamBear offices (physical and virtual locations), FamBear technology and applications associated with FamBear, its subsidiaries and affiliates, including FamBear's sites around the world (collectively, the "Site"). The Site is the property of the brand name FAMBEAR under American Thai Holdings Company Limited. BY USING THE SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, DO NOT USE THE SITE.

Any individual, entity, or program, including but not limited to; competitors, competitors’ employees, competitors’ owners, competitors’ investors, competitors’ relatives, competitors’ subsidiaries, or competitors’ affiliates are prohibited from joining the site for malicious purposes, to gain competitive intelligence or to duplicate or replicate any part of the application. Any violation of this policy will be enforced with a court order and a demand for any and all damages, including attorneys’ fees. FamBear reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms of Use, at any time. It is your responsibility to check these Terms of Use periodically for changes. Your continued use of the Site following the posting of changes will mean that you accept and agree to the changes. As long as you comply with these Terms of Use, FamBear grants you a personal, non-exclusive, non-transferable, limited privilege to enter and use the Site.

All text, graphics, user interfaces, visual interfaces, photographs, videos, trademarks, logos, sounds, design, music, artwork and computer code (collectively, "Content"), including but not limited to the design, structure, selection, coordination, expression, "look and feel" and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to FamBear, and is protected by copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws. By accessing our Site, you agree to keep all activities confidential and require written approval from FamBear for any disclosure.

You understand and accept that all Content, whether publicly posted or privately transmitted, is the sole responsibility of the person from whom such Content originated. This means that you are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available through the site or applications. You understand and accept that information contained in users (including but not limited to Caregivers and Customer) profiles, pictures, videos, metaverse interactions, posting, job postings, advertisements, and applications are supplied by the respective party themselves and is not information provided by and involved with FamBear. FamBear shall not be responsible for the accuracy or correctness of mentioned information. FamBear may or may not screen content displayed on this site. FamBear and its designees shall have the right in their sole discretion to pre-screen, refuse, delete, stop, suspend, remove or move any Content or information posted by you that is available on the Site. Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including "mirroring") to any other computer, server, Web site, mobile application, software program, hardware or other medium for publication or distribution or for any commercial enterprise, without FamBear's express prior written consent.

Advertising. FamBear does not represent and warrant that advertisements of the products or services on the FamBear Platform or the (third party) content made available / hosted on the third-party sites are true and correct. Accordingly, FamBear takes no responsibility over and expressly disclaims any liability arising out of, the advertisements or usage of such advertised products or services. Any dealings you have with advertisers due to your use of the products or services advertised on the FamBear Platform are between you and the advertiser, and you agree that FamBear is not liable for any loss or claim that you may have against an advertiser.

You may not use any "deep-link", "page-scrape", "robot", "spider" or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Site or any Content, or in any way reproduce or circumvent the navigational structure or presentation of the Site or any Content, to obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Site. FamBear reserves the right to bar any such activity. You may not attempt to gain unauthorized access to any portion or feature of the Site, or any other systems or networks connected to the Site or to any FamBear server, or to any of the services offered on or through the Site, by hacking, password "mining" or any other illegitimate means. You may not probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site. You may not reverse look-up, trace or seek to trace any information on any other user of or visitor to the Site, or any other customer of FamBear, including any FamBear account not owned by you, to its source, or exploit the Site or any service or information made available or offered by or through the Site, in any way where the purpose is to reveal any information, including but not limited to personal identification or information, other than your own information, as provided for by the Site. You agree that you will not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or FamBear's systems or networks, or any systems or networks connected to the Site or to FamBear. You agree not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any transaction being conducted on the Site, or with any other person’s use of the Site. You may not use the Site or any Content for any purpose that is unlawful or prohibited by these Terms of Use, or to solicit the performance of any illegal activity or other activity which infringes the rights of FamBear or others. If you are banned from any of FamBear related subsidiaries or affiliates, FamBear reserves the right to ban you from accessing FamBear's site and any related businesses. In addition, any payments made are nonrefundable. Users of the site is anyone, entity or program that accesses the Site and can be but not limited to caregivers or customers (collectively, the "Users"). You agree to let FamBear share your personal information, and content, including but not limited to third-party communication application or application information with any users to facilitate the use of the FamBear application. You can block any user via the required tools offered within our application, contact us, other methods, and by the tools offered by third-party applications and in accordance with all applicable laws. Please contact us if you need assistance with any content on FamBear or if you encounter any FamBear user that makes you feel unsafe or uncomfortable. As a user, you affirm that you or anyone in your household is not required to register as a sex offender anywhere in the world.

FamBear may use third-party vendors and governmental agencies to offer background checks, identification validation of users, passport checks, visa checks, work permit checks, job reference checks, skills validation, medical checks, telephone number validation, and other checks. Please note there are limitations of the services offered. Therefore, FamBear nor its affiliates, officers, directors, owners, licensors, suppliers, employees or agents make no representations or warrants, express or implied to any party with respect to the purchasing of services through the site or via any other method of contact and all such services provided by FamBear are provided on an “as-is” and “as-available” basis. FamBear shall not have any responsibilities and liabilities of any kind of losses, fraud, violation, death, illness, personal injury, or property damage arising out of or resulting in any way from any actual or alleged defect in a service, any act or omission of the users, its agents, employees, governmental agencies or subcontractors relating to the services they provide. If a user gives incorrect information, the check might be run with inaccurate identifying data, which can impact the validity of the records and all other checks. Background checks, identification validation, passport checks, visa checks, work permit checks, job reference checks, skills validation, medical checks and other checks can be helpful and uncover potential red flags, however they are not always 100% accurate and no check should be relied upon to determine a user’s complete criminal history or suitability. We strongly recommend that these checks only be used as one part of a selection process. A background check is not a substitute for conducting thorough in-person interviews, follow-up reference checks, online and social media searches, obtaining copies of identification documents, and conducting ongoing monitoring of any individual. FamBear and its subsidiaries do not employ any caregivers or act as an agent for any user looking to hire a caregiver. FamBear may provide estimated percentage matching for users. These estimates are only assumptions provided by separate individuals or entities and should not be used as an actual calculation. FamBear makes no warranty or guarantee on any percentage matching. Users using the site to find a caregiver are independent employers and are not associated with FamBear. The user using the Site to find a caregiver represents and warrants that they will not harm the caregiver or user in any manner, will review and obtain all the necessary licenses, permits, work permits, visa, valid passports, valid ID card, insurance, registrations and any other necessary paperwork, if any, required to hire the caregiver in accordance with all applicable laws, rules and regulations and that the User will also act in good faith to the caregiver in according with the standard of care prevailing in the caregiver industry and follow all applicable laws. User using the site to find a caregiver are responsible for evaluating and determining the suitability of any proposed engagement or potential caregiver on their own. If Users decides to enter into an Agreement, the Agreement is directly made by and between the Users who will be entirely responsible for the Agreement between them, and FamBear is not a party to that Agreement. FamBear is not responsible and involved for any breach, violation and losses arising from any causes between Users. FamBear makes no warranty or guarantee of any services offered on our Site. Users may comment, rate and review other users through the Site and other channels. The User makes these comments, ratings and reviews on their own and responsible for their comments, ratings and reviews. Connecting to any third party application from our site is the user’s own responsibility and FamBear is not responsible for any kind of loss. FamBear is not responsible for any comments, ratings or reviews. Users understand that you are solely responsible for any legal action that may be instituted by another User or third parties as a result of or in connection with your reviews, ratings or comments if the content of review is illegally actionable or defamatory. User using the site to find a caregiver acknowledge, understand and agree that the Caregiver or Caregivers is solely responsible for determining, and has the sole right to determine, which work to accept; the time, place, manner, and means of providing any Services; the type of services they provide; and the price they charge for their services or how that pricing is determined or set. Users using the site to find a caregiver and caregivers are responsible for all their own taxes under all applicable laws. Users using the site to find a caregiver should not assume caregivers can swim, operate any type of equipment, drive, administer medicine or any other activities. Caregiver agrees and consents to FamBear completing a satisfactory check of Caregiver’s background, including without limitation, a criminal record, education, work experience, license, certification regarding to your Service Listing as well as recording the service performance and all transactions in connection to use of the Site. Caregiver represents and warrants that you will not harm any customer, any user, any family member of the customer, any person, any animal, cause any damage or pain to anyone or anything, have all the necessary licenses, permits, work permits, Visa, valid passports, valid ID card, insurance and registrations, if any, required to perform the Services in accordance with all applicable laws, rules and regulations and that Caregiver will perform the services according to the customers’ orders and specifications and with the standard of care prevailing in the industry. Caregiver agrees that he/she does not do illegal drugs, consume tobacco products around children under age, have an alcohol problem or any other related illness that can excludes him or her from performing any activities as required by a customer. Caregiver hereby grants FamBear and its partners, a non-exclusive, royalty-free, perpetual, irrevocable right and license to publish, use, reproduce, distribute, transmit, display, modify, create derivative works of and any content or document or data (“Caregiver Information”) in connection with the offering of the Services through the Site, the terms of this agreement and for the listing, advertising, marketing and promotion of such services, including without limitation, through the Site, third party websites and social media. Caregiver agrees that FamBear may permit users of the Site to share and post the content on their own social media outlets. Caregiver hereby grants FamBear and marketing partners a non-exclusive, royalty-free, non-transferable license to publish, use, reproduce, distribute, transmit and display Caregiver marks in connection with the service of FamBear. FamBear will own all rights, title and interest in any Intellectual Property (IP) Rights on the site and all data collected or stored in connection with the Site. Except as expressly provided in this agreement, Caregiver will not have any ownership in or license to any such rights. If Caregiver is deemed to have any ownership interest or rights in all or any part of the foregoing, then Caregiver shall assign all of those interests and rights to FamBear. FamBear may use any Caregiver Information to create, develop, or modify the Site or any other FamBear or FamBear subsidiaries concept, brand, software code, product, or feature (“Improvements”), and FamBear will own any Improvement and any IP Rights. If Caregiver is deemed to have any ownership interest or rights in an Improvement, Caregiver shall assign all of those interests and rights to FamBear. FamBear has the sole right to determine the content, appearance, design, functionality and all other aspects of the Site. If a tax authority requires FamBear to pay any of Caregiver’s Taxes, Caregiver will promptly and immediately reimburse FamBear for the amounts FamBear paid and for any losses, expenses, or liabilities FamBear paid or incurred related to the tax authority’s demand to FamBear. Caregiver will keep confidential any and all confidential information belonging to FamBear, customers, its suppliers and others. Caregiver shall not violate any privacy policies of FamBear, customers and any relevant laws. The Caregiver shall treat as confidential all of the confidential information and shall not disclose such Confidential Information to a third party without written consent from FamBear's legal staff.

FamBear shall not have any responsibilities and liabilities of any kind of losses, fraud, violation, death, illness, personal injury, or property damage arising out of or resulting in any way from any actual or alleged defect in a service, use of the Site, any act or omission of the Users using the site, its agents, owners, employees, or subcontractors relating to the services they provide. FamBear may or may not pre-screen Users using the site or the Content or information provided; therefore, FamBear is not responsible for any kind of losses.

Contact us or using our services includes a non defamation clause. All applicable local defamation laws apply. By contacting us or using our services, you agree that your data will be shared with others to facilitate the requested services and operations and in compliance with all local applicable laws.Full payment for services must be made in advance. Fambear reserves the right to reject any booking for protection, safety or other purposes.

All purchases and transactions are nonrefundable. No guarantee or warranty is offered. FamBear reserves the right to cancel and block any user from the Site at its discretion. Additional terms and conditions may apply to purchases of goods or services and to specific portions or features of the Site, all which terms are made a part of these Terms of Use by this reference. You agree to abide by such other terms and conditions, including where applicable representing that you are of sufficient legal age to use or participate in such service or feature. If there is a conflict between these Terms of Use and the terms posted for or applicable to a specific portion of the Site or for any service offered on or through the Site, the latter terms shall control with respect to your use of that portion of the Site or the specific service. FamBear may make changes to any products or services offered on the Site, or to the applicable prices for any such products or services, at any time, without notice. The materials on the Site with respect to products and services may be out of date, and FamBear makes no commitment to update the materials on the Site with respect to such products and services.

Payments can be made through various options:

Credit Card, Debit Card, Crypto currencies, online payment systems, online payment applications, bank transfers, In App payments and other payment methods: Payments are processed through a third-party payment processor (the "Payment Processor") to link your financial account to the Site. The processing of payments, as applicable, in connection with your use of FamBear and any other services will be subject to the terms, conditions and privacy policies of the Payment Processor, your payment issuer and to these Terms of Use. FamBear is not responsible for any errors by the Payment Processor, storage or payment issuer in connection with your use of the Services. If a user’s payment is declined, disputed or reversed, the user is still responsible for the due payment to FamBear as per the terms. All payments are nonrefundable. FamBear will obtain certain transaction details, which FamBear will use to complete your transactions. If the User makes payments through the Site, cash payment, an Automated Teller Machine or internet bank transfer (“Bank Transfer”) to specified FamBear bank account for the service offering purchased, User must provide FamBear with the transfer receipt or payment transaction reference for verification purposes. If payment confirmation is not received by FamBear within three (3) days, User’s order will be canceled. In case that FamBear needs to pay users through Bank Transfer or any other payment method, users are required to provide FamBear with their Bank account information in order to receive payments.

By payment through any method, FamBear takes no responsibility and assumes no liability for any loss or damages to the User arising from payment information entered by User or wrong remittance by User in connection with the payment for the Service offering purchased or any other payment issues. We reserve the right to check whether User is duly authorized to use a certain payment method, and may suspend the transaction until such authorization is confirmed or cancel the relevant transaction where such confirmation is not available.

Signing up, logging in or certain features or services offered on or through the Site may require you to open an account (including setting up an FamBear ID, password or one time password (OTP)). You are entirely responsible for maintaining the confidentiality of the information you hold for your account, including your login in ID, password, one time password and for any and all activity that occurs under your account as a result of your failing to keep this information secure and confidential. You agree to notify FamBear immediately of any unauthorized use of your account or password, one time password (OTP), or any other breach of security. You may be held liable for losses incurred by FamBear or any other user of or visitor to the Site due to someone else using your FamBear ID, password, one-time password (OTP), or account as a result of your failing to keep your account information secure and confidential. You may not use anyone else’s FamBear ID, password, one-time password (OTP), or account at any time without the permission and consent of FamBear's legal staff. FamBear cannot and will not be liable for any loss or damage arising from your failure to comply with these obligations.

FamBear's Privacy Policy applies to the use of this Site, and its terms are made a part of these Terms of Use by this reference. Please see FamBear's Privacy Policy. Additionally, by using the Site, you acknowledge and agree that Internet transmissions are never completely private or secure. You understand that any message or information you send to the Site may be read or intercepted by others, even if there is a special notice that a particular transmission (for example, credit card information) is encrypted.

This Site may contain links to other independent third-party Web sites, mobile applications, or communication ("Linked Sites"). These Linked Sites are provided solely as a convenience to our visitors. Such Linked Sites are not under FamBear's control, and FamBear is not responsible for and does not endorse the content of such Linked Sites, including any information or materials contained on such Linked Sites. You will need to make your own independent judgment regarding your interaction with these Linked Sites.

The FamBear brand under American Thai Holdings Company Limited (The company) is committed to providing a safe environment, workplace, and community for (all employees, users, contractors, and suppliers) free from discrimination and sexual harassment at work or in any situation while doing business with the company. The Company will operate a zero-tolerance policy for any form of sexual harassment or discrimination. Any person found to have harassed or discriminated against another will face disciplinary action, up to and including dismissal from employment, removal from the platform, and report to local law enforcement. All complaints of sexual harassment and or discrimination will be taken seriously and treated with respect and in confidence. No one will be victimized for making such a complaint.

Sexual harassment is unwelcome conduct of a sexual nature that makes a person feel offended, humiliated, and/or intimidated. It includes situations where a person is asked to engage in sexual activity as a condition of that person’s employment, as well as situations that create an environment that is hostile, intimidating, or humiliating for the recipient. Sexual harassment can involve one or more incidents and actions constituting harassment may be physical, verbal, and non-verbal. Examples of conduct or behavior which constitute sexual harassment include, but are not limited to:

• Unwelcome physical contact including patting, pinching, stroking, kissing, hugging, fondling, or inappropriate touching

• Physical violence, including sexual assault

• Physical contact, e.g., touching, pinching

• The use of job-related threats or rewards to solicit sexual favors

• Comments on a worker’s appearance, age, private life, etc.

• Sexual comments, stories, and jokes

• Sexual advances

• Repeated and unwanted social invitations for dates or physical intimacy

• Insults based on the sex of the worker

• Condescending or paternalistic remarks

• Sending sexually explicit messages (by phone or by email)

• Leering

• Display of sexually explicit or suggestive material

• Sexually-suggestive gestures

• Whistling

Anyone can be a victim of sexual harassment, regardless of their sex and the sex of the harasser. The company recognizes that sexual harassment may also occur between people of the same sex. What matters is that the sexual conduct is unwanted and unwelcome by the person against whom the conduct is directed.

The company recognizes that sexual harassment is a manifestation of power relationships and often occurs within unequal relationships in the workplace, for example between manager or supervisor and employee. Anyone, including employees of the company, clients, customers, caregivers, users, casual workers, contractors, visitors, or anyone doing business with the company who sexually harasses another may be reprimanded, reported to local law enforcement, and reported in accordance with this internal policy and per the governing laws.

All sexual harassment is prohibited whether it takes place within the company premises or outside, at a customer’s location, social events, business trips, training sessions, or conferences sponsored by the company.

Anyone who is subject to sexual harassment should, if possible, inform the alleged harasser that the conduct is unwanted and unwelcome. The company recognizes that sexual harassment may occur in unequal relationships (i.e., between a supervisor and his/her employee) and that it may not be possible for the victim to inform the alleged harasser. If a victim cannot directly approach an alleged harasser, he/she can approach one of the designated company human resources staff members responsible for receiving complaints of sexual harassment or fill out our online form.

When a designated person receives a complaint of sexual harassment, he/she will:

• Immediately record the dates, times, and facts of the incident(s)

• Ascertain the views of the victim as to what outcome he/she wants

• Ensure that the victim understands the company’s procedures for dealing with the complaint

• Discuss and agree on the next steps: either informal or formal complaint, on the understanding that choosing to resolve the matter informally does not preclude the victim from pursuing a formal complaint if he/she is not satisfied with the outcome

• Keep a confidential record of all discussions

• Respect the choice of the victim

• Ensure that the victim knows that they can lodge the complaint outside of the company through the relevant local legal framework

Throughout the complaints procedure, a victim is entitled to be helped by a counselor outside of the company. The company recognizes that because sexual harassment often occurs in unequal relationships within the workplace, victims often feel that they cannot come forward. The company understands the need to support victims in making complaints. Caregivers, customers, or any user of any of our platforms can contact the company Human Resources team or email us at contact@fambear.com to file a report. Additionally, everyone is encouraged to contact local law enforcement for all additional assistance if needed.

The designated person who initially received the complaint will refer the matter to a senior staff member to instigate a formal investigation and may include outside legal counsel, law enforcement, and investigators. The Human Resources manager with senior management written approval may deal with the matter him/herself, and refer the matter to an internal or external investigator and or law enforcement.

The person carrying out the investigation will:

• Interview the victim and the alleged harasser separately

• Interview other relevant third parties separately

• In conjunction with senior management and other legal representatives, decide whether or not the incident(s) of sexual harassment took place

• Produce a report detailing the investigations, findings, and any recommendations

• if the harassment took place, decide what the appropriate remedy for the victim is, in consultation with the victim (i.e.- an apology, a change to working arrangements, a promotion if the victim was demoted as a result of the harassment, training for the harasser, discipline, suspension, dismissal, monetary compensation)

• Follow up to ensure that the recommendations are implemented, that the behavior has stopped and that the victim is satisfied with the outcome

• If it cannot be determined that the harassment took place, he/she may still make recommendations to ensure the proper functioning of the workplace

• Keep a record of all actions taken

• Ensure that all records concerning the matter are kept confidential

• Ensure that the process is done as quickly as possible

A person doing business with FamBear who has been subject to sexual harassment can also make a complaint outside of the company via our online form..

Anyone who has been found to have sexually harassed another person under the terms of this policy is liable to any of the following sanctions:

• Verbal or written warning

• Adverse performance evaluation

• Transfer

• Demotion

• Suspension

• Dismissal

The nature of the sanctions will depend on the gravity and extent of the harassment. Suitable deterrent sanctions will be applied to ensure that incidents of sexual harassment are not treated as trivial. Certain serious cases, including physical violence, will result in the immediate dismissal of the harasser and the involvement of law enforcement.

The company will ensure that this policy is widely disseminated to all relevant persons. The company may require all employees to attend a refresher training course on the content of this policy. It is the responsibility of everyone doing business with the company to understand and agree to the policy.

The company recognizes the importance of monitoring this sexual harassment policy and will ensure that it collects statistics and data as to how it is used and whether or not it is effective. Supervisors, managers, and those responsible for dealing with sexual harassment cases will report on compliance with this policy, including the number of incidents, how they were dealt with, and any recommendations made. This will be done on a yearly basis. As a result of this report, the company will evaluate the effectiveness of this policy and make any changes as needed.

FAMBEAR DOES NOT PROMISE THAT THE SITE OR ANY CONTENT, SERVICE OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE AND ITS CONTENT ARE DELIVERED ON AN "AS-IS" AND "AS-AVAILABLE" BASIS. ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE. FAMBEAR CANNOT ENSURE THAT ANY FILES OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. FAMBEAR DISCLAIMS ALL WARRANTIES OR GUARANTEES, EXPRESS OR IMPLIED. FAMBEAR DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY FAMBEAR SERVICES. YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES. YOUR SOLE REMEDY AGAINST FAMBEAR FOR DISSATISFACTION WITH THE SITE OR ANY CONTENT IS TO STOP USING THE SITE OR ANY SUCH CONTENT. THIS LIMITATION OF RELIEF IS A PART OF THE BARGAIN BETWEEN THE PARTIES.

The above disclaimer applies to any damages, liability or injuries caused by any failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction of or unauthorized access to, alteration of, or use, whether for breach of contract, tort, negligence or any other cause of action.

FamBear reserves the right to do any of the following, at any time, without notice: (1) to modify, suspend or terminate operation of or access to the Site, or any portion of the Site, for any reason; (2) to modify or change the Site, or any portion of the Site, and any applicable policies or terms; and (3) to interrupt the operation of the Site, or any portion of the Site, as necessary to perform routine or non-routine maintenance, error correction, or other changes.

The User of the Site, whether individual use or authorized legal entity, is not affiliated with FamBear in any way, FamBear is merely an online platform as a means of facilitating the Users. FamBear is not an agent, representative or employer of the User. Any action or damages arising from the User is not under FamBear's liability and FamBear shall not be responsible in any way for these matters.

Except where prohibited by law, in no event will FamBear be liable to you for any indirect, consequential, exemplary, incidental, or punitive damages, including lost profits, even if FamBear has been advised of the possibility of such damages.

If, notwithstanding the other provisions of these Terms of Use, FamBear is found to be liable to you for any damage or loss that arises out of or is in any way connected with your use of the Site or any Content, FamBear liability shall in no event exceed the total of any subscription or similar fees with respect to any service or feature of or on the Site paid in the one month prior to the date of the initial claim made against FamBear.

You agree to defend, indemnify, and hold FamBear, its officers, directors, shareholders, predecessors, successors in interest, employees, agents, subsidiaries, and affiliates, harmless from any demands, loss, liability, claims, or expenses (including attorneys’ fees), made against FamBear by any third party due to or arising out of or in connection with your use of the Site.

FamBear may disclose any information we have about you (including your identity) if we determine that such disclosure is necessary in connection with any investigation or complaint regarding your use of the Site, or to identify, contact, or bring legal action against someone who may be causing injury to or interference with (either intentionally or unintentionally) FamBear rights or property, or the rights or property of users of the Site, including FamBear users and subsidiaries. FamBear reserves the right at all times to disclose any information that FamBear deems necessary to comply with any applicable law, regulation, legal process, or governmental request. FamBear also may disclose your information when FamBear determines that applicable law requires or permits such disclosure, including exchanging information with other companies and organizations for fraud protection purposes.

You acknowledge and agree that FamBear may preserve any transmittal or communication by you with FamBear through the Site or any service offered on or through the Site, and may also disclose such data if required to do so by law or FamBear determines that such preservation or disclosure is reasonably necessary to (1) comply with legal process, (2) enforce these Terms of Use, (3) respond to claims that any such data violates the rights of others, or (4) protect the rights, property or personal safety of FamBear, its employees, users of or visitors to the Site, and the public. You agree that FamBear may, in its sole discretion and without prior notice, terminate your access to the Site and/or block your future access to the Site if we determine that you have violated these Terms of Use or other agreements or guidelines which may be associated with your use of the Site. You also agree that any violation by you of these Terms of Use will constitute an unlawful and unfair business practice, and will cause irreparable harm to FamBear, for which monetary damages would be inadequate, and you consent to FamBear obtaining any injunctive or equitable relief that FamBear deems necessary or appropriate in such circumstances. These remedies are in addition to any other remedies FamBear may have at law or in equity. You agree that FamBear may, in its sole discretion and without prior notice, terminate your access to the Site, for cause, which includes (but is not limited to) (1) requests by law enforcement or other government agencies, (2) a request by you (self-initiated account deletions), (3) discontinuance or material modification of the Site or any service offered on or through the Site, or (4) unexpected technical issues or problems.

If FamBear does take any legal action against you as a result of your violation of these Terms of Use, FamBear will be entitled to recover from you, and you agree to pay, all reasonable attorneys’ fees and costs of such action, in addition to any other relief granted to FamBear. You agree that FamBear will not be liable to you or to any third party for termination of your access to the Site as a result of any violation of these Terms of Use.

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of the Kingdom of Thailand. You agree to the jurisdiction to interpret any and all laws to be the jurisdiction of FamBear's corporate office regardless of whether it conflicts with your jurisdiction or location and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within three months after the cause of action arises, or such claim or cause of action is barred. In the event of any controversy or dispute between FamBear and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and FamBear with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and FamBear with respect to such use are hereby superseded and canceled. FamBear will not accept any counter-offers to these Terms of Use, and all such offers are hereby categorically rejected. FamBear's failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by FamBear of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between FamBear and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. FamBear provides access to FamBear international data and, therefore, may contain references or cross references to FamBear products, programs and services that are not announced in your country. Such reference does not imply that FamBear in your country intends to announce such products, programs or services. Any feedback you provide at this site shall be deemed to be non-confidential. FamBear shall be free to use such information on an unrestricted basis.

The Terms of Use are in English and other languages. The user agrees and acknowledges that: (i) they have carefully read and fully understand the content of the Terms of Use, (ii) if there is any dispute over the meaning of any provisions under the Terms of Use, the English language version shall prevail and the relevant other language version shall be deemed to be automatically amended to conform with and be consistent with the English language version. To the extent permissible by applicable law, the user or FamBear will not challenge the validity of, or raise or file any objection to, the Terms of Use or the transactions contemplated herein, defend its non-performance or breach of its obligations under these Terms of Use or allege that these Terms of Use are against public policy or public order or otherwise does not constitute its legal, valid and binding obligation, enforceable against it in accordance with its terms; in any manner or forum in any jurisdiction and in each case on the basis of any failure to comply with applicable laws.

I HAVE READ THE TERMS OF USE AND AGREE TO ALL OF THE PROVISIONS CONTAINED ABOVE AND ANY REVISION THE SAME HEREAFTER. BY CLICKING THE “CREATE ACCOUNT” “SIGN IN”, “JOIN NOW”, “SIGN UP”,” REQUEST OTP”, “USING FACIAL RECOGNITION” “SEND”,, “LOG IN”, “CONFIRM BOOKING”, “SEND MESSAGE”, “CONTACT US”, “BOOK INTERVIEW”, “INTERESTED”,” REPORT PROFILE”, “BLOCK PROFILE”, CONTACT US VIA SOCIAL MEDIA PLATFORMS”, “LINE”, “WHATSAPP”, “FACEBOOK”, “INSTAGRAM”, “EMAIL”, “PHONE”, “CHAT”, “MESSAGE”, “VIDEO MESSAGE” “HEART”, “LIKE” “ACCEPT” BUTTON, OR ANY OTHER METHOD OF COMMUNICATION DURING USE OF THE SITE, I UNDERSTAND THAT I AM CREATING A DIGITAL SIGNATURE, WHICH I INTEND TO HAVE THE SAME FORCE AND EFFECT AS IF I HAD SIGNED MY NAME MANUALLY.

All rights reserved by FamBear. - Updated on January, 2023