Terms of Service


Last updated: March 1, 2024

Welcome to Fossil. These Terms of Service (“Terms”) govern your access to and use of Fossil (“we”, “us”, or “our”) services, so please read them carefully before using the services provided by Kellogg Software, LLC via our website www.fossil-social.com, any mobile applications, or any other platforms linked to these Terms.

1. Acceptance of Terms

By registering for and/or using the Services in any manner, including but not limited to visiting or browsing the Site, you agree to these Terms and all other operating rules, policies, and procedures that may be published from time to time on the Site by us, each of which is incorporated by reference and each of which may be updated from time to time without notice to you.

2. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace any of these Terms at any time. It is your responsibility to check these Terms periodically for changes. Your continued use of the Services following the posting of any changes to these Terms constitutes acceptance of those changes.

3. Privacy Policy

Your privacy is important to us. Our Privacy Policy is hereby incorporated into these Terms by reference. Please read the privacy policy carefully for information relating to our collection, use, and disclosure of your personal information.

4. User Requirements

  • Age Requirement: You must be at least 13 years old to use the Services. By agreeing to these Terms, you represent and warrant that you are at least 13.
  • Payment for Access: Access to the Services requires payment, except where access is specifically granted by Kellogg Software, LLC.

5. User Accounts

Your account on the Service (your “User Account”) gives you access to the services and functionality that we may establish and maintain from time to time and in our sole discretion. You are responsible for safeguarding your account, so use a strong password and limit its use to this account. We cannot and will not be liable for any loss or damage arising from your failure to comply with the above.

6. User Conduct

You are responsible for your use of the Service and for any consequences thereof. The Service is provided for your personal, non-commercial use only. You may not misuse the Services.

7. User Content

You retain ownership of any intellectual property rights that you hold in the content you create on Fossil Social (“User Content”). In order to allow Kellogg Software, LLC to provide and improve the Service, you grant us a worldwide, non-exclusive, royalty-free license to use, reproduce, modify, adapt, publish, and distribute your User Content.

8. Termination

We may suspend or terminate your account or cease providing you with all or part of the Services at any time for any reason, including, but not limited to, if we reasonably believe: (i) you have violated these Terms or the Community Guidelines, (ii) you create risk or possible legal exposure for us; or (iii) our provision of the Services to you is no longer commercially viable.

9. Disclaimers and Limitation of Liability

Please read this section carefully since it limits the liability of Kellogg Software, LLC and its parents, subsidiaries, affiliates, related companies, officers, directors, employees, agents, representatives, partners, and licensors (collectively, the “Entities of Kellogg Software, LLC”). Each of the subsections below only applies up to the maximum extent permitted under applicable law. Some jurisdictions do not allow the disclaimer of implied warranties or the limitation of liability in contracts, and as a result, the contents of this section may not apply to you.

10. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law provisions.

11. General Terms

These Terms, together with the Privacy Policy and any amendments and any additional agreements you may enter into with Kellogg Software, LLC shall constitute the entire agreement between you and Kellogg Software, LLC concerning the Service.

12. Contact Information

If you have any questions about these Terms, please contact us via email.