The rules of the road for using fXnd.

These Terms of Service (the "Terms") form a binding legal agreement between you ("you," "Customer") and fXnd, Inc. ("fXnd," "we," "us," or "our"). They govern your access to and use of the fXnd platform, web application, APIs, and any related services (collectively, the "Service").

By creating an account, clicking "I agree," or using the Service in any way, you accept these Terms in full. If you are entering into these Terms on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to that organization.

If you do not agree, do not use the Service.

fXnd is an AI-powered sales operating system that includes (without limitation): Brand Studio, AI lead generation, lead scoring, outreach recommendations, multi-step sequence builder, content studio, intelligence hub, pipeline analytics, an in-app AI Assistant, and integrations with third-party email providers and other tools.

We may add, modify, or remove features at our discretion. Material changes will be communicated through the Service or via email.

You must be at least 18 years old (or the age of majority where you live) and capable of forming a binding contract to use the Service. The Service is not available to anyone previously suspended or removed from fXnd, or to any person or entity barred from receiving services under the laws of the United States or other applicable jurisdiction.

Subject to your compliance with these Terms and timely payment of fees, fXnd grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Service for your internal business purposes during your subscription term.

All rights not expressly granted are reserved. You acquire no ownership rights in the Service.

You retain all ownership of the content you import or create in the Service ("Customer Data"), including brand profiles, lead records, sequence templates, content drafts, and any outputs you generate.

You grant fXnd a limited, worldwide, royalty-free license to host, process, transmit, and display Customer Data solely as needed to provide and improve the Service, to enforce these Terms, and to comply with law. This license ends when you delete the data or close your account, except for backups retained per our Privacy Policy.

You represent and warrant that you have all necessary rights, consents, and lawful bases to upload, process, and send outreach to the contacts and data you put into fXnd, including compliance with CAN-SPAM, CASL, GDPR, ePrivacy, TCPA, and any other applicable laws.

The Service uses large language models (LLMs) and other AI systems to generate brand assets, lead candidates, scoring outputs, content drafts, recommendations, and assistant responses ("AI Outputs").

AI Outputs are provided "as is" and may contain inaccuracies, omissions, or hallucinated content. You are solely responsible for reviewing AI Outputs before relying on them, sending them externally, or making business decisions based on them.

You own the AI Outputs you create within your account, subject to (a) any rights held by third-party model providers under their terms, and (b) the understanding that similar or identical outputs may be generated for other customers — AI Outputs are not exclusive to you.

You must not use AI Outputs to generate content that is illegal, defamatory, harassing, fraudulent, infringing, or that violates anyone's privacy or publicity rights.

fXnd lets you send outreach through your own connected email account (Gmail, SMTP, IMAP). You — not fXnd — are the sender of every email transmitted through your account. You are solely responsible for compliance with all email and communication laws, including providing accurate sender information, honoring unsubscribe requests, and including required disclosures.

We may suspend sending capabilities (without refund) if we receive credible complaints of spam, high bounce rates, or unlawful content tied to your account.

Except where required by law, all fees are non-refundable. We do not offer pro-rated refunds for partial billing periods, unused AI credits, or downgrades made mid-cycle.

If you believe you were charged in error, contact billing@fxnd.app within 30 days of the charge and we will investigate in good faith.

The Service integrates with third-party providers (e.g., Stripe, Gmail, OpenAI, SMTP/IMAP providers). Your use of those services is governed by their own terms and privacy policies, and we are not responsible for their availability, accuracy, or actions.

If a third-party provider changes its API, pricing, or terms in a way that affects the Service, we will make reasonable efforts to adapt — but cannot guarantee uninterrupted functionality of any specific integration.

The Service, including all software, design, branding, documentation, and content created by fXnd, is the exclusive property of fXnd and its licensors and is protected by US and international intellectual property laws.

You may not copy, modify, distribute, sell, or create derivative works of the Service, except as expressly permitted by these Terms.

If you provide feedback, suggestions, or ideas about the Service, you grant fXnd a perpetual, irrevocable, royalty-free license to use that feedback without restriction.

We may suspend or terminate your access to the Service at any time, with or without notice, if (a) you breach these Terms, (b) we are required to do so by law, (c) we receive credible complaints of abuse, (d) your payment fails and is not resolved within the grace period, or (e) continuing your access would expose fXnd to legal or security risk.

You may terminate your account at any time from your settings. Upon termination, your right to use the Service ends immediately. We will retain or delete your Customer Data per our Privacy Policy.

Sections of these Terms that by their nature should survive termination (including ownership, indemnification, disclaimers, and limitations of liability) will survive.

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, OR UNINTERRUPTED OPERATION.

fXnd does not warrant that AI Outputs are accurate, complete, or fit for any specific purpose. Lead data generated, scored, or enriched by the Service is provided for informational purposes only. You assume all risk associated with relying on or acting upon any output from the Service.

Some jurisdictions do not allow the exclusion of implied warranties, so the above may not apply to you in full.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FXND AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE — EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

FXND'S TOTAL AGGREGATE LIABILITY FOR ANY CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE AMOUNT YOU PAID TO FXND IN THE 12 MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) US $100.

These limits apply regardless of the legal theory (contract, tort, statute, or otherwise) and survive termination.

You agree to defend, indemnify, and hold harmless fXnd, its affiliates, and their officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising out of or related to: (a) your use of the Service, (b) your Customer Data, (c) any outreach you send via the Service, (d) your violation of these Terms, or (e) your violation of any law or third-party right.

These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-laws principles.

Any dispute arising from these Terms or the Service will be resolved exclusively through binding arbitration administered by JAMS in Wilmington, Delaware, under its Streamlined Arbitration Rules. The arbitrator's decision is final and enforceable in any court of competent jurisdiction.

Notwithstanding the above, either party may bring an individual action in small claims court, or seek injunctive relief in court to protect intellectual property rights.

YOU AND FXND AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY ON AN INDIVIDUAL BASIS — NOT AS A PLAINTIFF OR CLASS MEMBER IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION.

We may update these Terms from time to time. If we make material changes, we will notify you through the Service or by email at least 14 days before they take effect. Continued use of the Service after the effective date constitutes acceptance of the updated Terms. If you do not agree, your only remedy is to stop using the Service and cancel your subscription.

Questions about these Terms? Reach us at:

Legal: legal@fxnd.app

Support: support@fxnd.app

Mailing address: fXnd, Inc., 1209 Orange Street, Wilmington, DE 19801, United States