Terms of Service - FyneSite

1. Overview of Services

Fynesites is an AI-powered website building and hosting platform that enables individuals, businesses, and agencies to create, manage, and publish websites. The Services include, but are not limited to:

AI-powered website generation from text prompts and other inputs;
Pre-designed templates and design components;
AI agent features for business support (available on qualifying paid plans); and
Such additional features, tools, and integrations as we may introduce from time to time.

The Services are offered through a free tier (subject to the limitations described in Section 4) and paid subscription plans (with enhanced features and capabilities). We reserve the right to modify, add, or remove features of the Services at any time, with or without notice.

2. Eligibility and Account Registration

Age Requirement. You must be at least eighteen (18) years of age to use the Services. By creating an account, you represent and warrant that you are at least 18 years old. We do not knowingly collect information from or provide Services to anyone under the age of 18.
United States Only. The Services are intended for use exclusively within the United States. If you access or use the Services from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local laws. We make no representations that the Services are appropriate or available for use in any jurisdiction outside the United States.
Account Registration. To access the Services, you must create an account by providing accurate, current, and complete information. You agree to update your account information promptly to keep it accurate and complete. Providing false or misleading registration information constitutes a material breach of these Terms.
Account Security. You are solely responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account, whether or not authorized by you. You must immediately notify us at legal@fynesites.com if you become aware of any unauthorized access to or use of your account. We are not liable for any loss or damage arising from your failure to protect your account credentials.
Agency and Reseller Accounts. If you use the Services on behalf of a business, agency, or other entity, or to build websites for third-party clients, you represent and warrant that you have the authority to bind that entity to these Terms and that you are responsible for ensuring your clients’ compliance with applicable provisions of these Terms, including the Prohibited Content and Acceptable Use policies set forth herein.
Data Processing for Business Accounts. If you are an agency, reseller, or business account holder whose end-users or clients submit personal information through websites hosted on the Services (e.g., via contact forms, lead capture, or e-commerce), you acknowledge that NovamindAI LLC may act as a service provider or data processor with respect to such data. A Data Processing Addendum (“DPA”) is available upon request for qualifying business and agency accounts by contacting legal@fynesites.com. You are solely responsible for ensuring that your collection of end-user data through the Services complies with all applicable privacy laws, including obtaining any required consents.

3. Acceptable Use and Prohibited Content

You agree to use the Services only for lawful purposes and in compliance with these Terms, all applicable laws and regulations, and any policies we publish from time to time. You are solely responsible for all content published on websites you create using the Services.

You must not use the Services to create, host, or distribute websites or content that:

Violates any applicable federal, state, or local law or regulation;
Contains or promotes adult, sexually explicit, or pornographic material;
Promotes or facilitates gambling, sports betting, or games of chance;
Advertises, sells, or promotes cannabis, controlled substances, or drug paraphernalia;
Sells, promotes, or facilitates the sale of firearms, weapons, ammunition, or explosives;
Promotes or facilitates cryptocurrency trading, initial coin offerings (ICOs), non-fungible tokens (NFTs), or related financial instruments;
Contains hate speech, incites violence, or promotes discrimination based on race, ethnicity, gender, sexual orientation, religion, disability, or national origin;
Is defamatory, libelous, fraudulent, deceptive, or misleading;
Infringes upon the intellectual property rights, privacy rights, or other rights of any third party;
Contains malware, viruses, phishing schemes, or other harmful code;
Is designed to collect personal information from users through deceptive means; or
Constitutes spam or is used to distribute unsolicited commercial communications.

You further agree not to:

Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any component of the Services;
Interfere with, disrupt, or impose an unreasonable burden on the Services or the servers and networks connected to the Services;
Use the Services to develop a competing product or service, or to benchmark the Services for competitive purposes;
Use automated scripts, bots, or scraping tools to access or collect data from the Services without our express written consent;
Resell, sublicense, or redistribute access to the Services except as expressly permitted under your subscription plan; or
Use the Services to train artificial intelligence or machine learning models without our prior written authorization.

We reserve the right, but are not obligated, to review, monitor, or remove any User Content or websites that we determine, in our sole discretion, violate these Terms or are otherwise objectionable. Violation of this Section may result in immediate suspension or termination of your account without notice or refund.

4. Free Tier and Paid Subscriptions

4.1 Free Tier

The free tier of the Services is subject to the following conditions:

Websites created on the free tier will be hosted on a Fynesites subdomain (e.g., yoursite.fynesites.com);
Free tier websites will display a “Powered by Fynesites” attribution badge, which may not be removed;
Usage limits on storage, bandwidth, pages, and AI generations may apply as described in our current plan documentation;
We reserve the right to modify, limit, or discontinue the free tier at any time without notice; and
The intellectual property provisions applicable to free tier users are set forth in Section 5.3 below.

4.2 Paid Subscriptions

Plans and Pricing. We offer multiple subscription tiers with varying features, limits, and pricing. Current plan details, pricing, and feature comparisons are available on our website and may be updated from time to time.
Payment. By subscribing to a paid plan, you authorize us to charge your designated payment method (e.g., credit card, debit card, or other accepted method) for all applicable fees. You represent that you are authorized to use the payment method you provide.
Automatic Renewal. All paid subscriptions will automatically renew at the end of each billing period (monthly or annual, as applicable) unless you cancel before the renewal date. The applicable fees will be charged to your payment method on file. You may cancel auto-renewal at any time through your account settings.
Price Changes. We reserve the right to change subscription pricing at any time. For existing subscribers, price changes will take effect at the beginning of the next billing cycle following notice of the change. Continued use of the Services after a price change constitutes acceptance of the new pricing.
Subdomain and Branding Removal. Certain paid subscription tiers include the ability to connect a custom domain and remove the “Powered by Fynesites” attribution badge. The specific tier at which these features become available is described in our plan documentation.

4.3 Refund Policy

All fees paid are non-refundable except as set forth below or as required by applicable law. If you cancel a paid subscription, you will continue to have access to paid features through the end of your current billing period, after which your account will revert to the free tier (subject to free tier limitations). No prorated refunds will be issued for voluntary cancellations during a billing period.

Termination-Without-Cause Refund. If we terminate your paid account for reasons other than breach of these Terms, violation of the Acceptable Use policy, non-payment of fees, or suspected fraudulent or illegal activity, you will receive a pro-rata refund for any unused portion of your current billing period, calculated from the date of termination to the end of the billing period.

5. Intellectual Property and Ownership

5.1 Fynesites Platform and Technology

All rights, title, and interest in and to the Services, including but not limited to the platform software, website builder tools, AI generation technology, templates, design components, user interface, logos, trademarks, and all related intellectual property, are and shall remain the exclusive property of NovamindAI LLC and its licensors. Nothing in these Terms grants you any right, title, or interest in our intellectual property except the limited license to use the Services as expressly set forth herein.

5.2 Templates and Design Components

All templates, design components, themes, layouts, and pre-built elements provided through the Services (“Fynesites Templates”) are the exclusive property of NovamindAI LLC. You are granted a limited, non-exclusive, non-transferable license to use Fynesites Templates solely in connection with websites created and hosted through the Services. You may not extract, redistribute, resell, or use Fynesites Templates outside the Services or in any manner that competes with the Services.

5.3 User Content — Ownership by Plan Tier

For Paid Subscription Users: You retain all ownership rights in the original text, images, media, data, and other content you create, upload, or input through the Services (“User Content”). You grant Fynesites a limited, non-exclusive, worldwide, royalty-free license to host, store, display, reproduce, and transmit your User Content solely for the purpose of providing the Services to you. This license terminates when your User Content is deleted from the Services, subject to reasonable backup and caching periods.

For Free Tier Users: By using the free tier, you grant Fynesites a non-exclusive, worldwide, royalty-free, sublicensable license to use, reproduce, modify, adapt, publish, display, distribute, and create derivative works from your User Content and website designs for the following purposes: (a) operating, maintaining, and providing the Services; (b) promoting and marketing the Services, including featuring your website designs in portfolios, case studies, and promotional materials; (c) training, developing, and improving our AI models and generation capabilities; and (d) developing new features and products for the Services. This license survives termination of your account solely with respect to uses that commenced prior to termination and for AI model training purposes. You acknowledge that upgrading to a paid subscription plan will grant you the more favorable ownership terms described above for User Content created after the upgrade date.

5.4 AI-Generated Content

The Services may generate website designs, layouts, text, images, code, and other content using artificial intelligence (“AI-Generated Content”). You acknowledge and agree that:

AI-Generated Content is produced by machine learning models, including third-party AI services. These models generate outputs based on statistical patterns learned from training data, and outputs may inadvertently reflect or resemble existing works, styles, or content;
AI-Generated Content is produced automatically and may not be unique to you. Similar or identical outputs may be generated for other users;
AI-Generated Content may contain errors, inaccuracies, or imperfections. You are solely responsible for reviewing, editing, and verifying all AI-Generated Content before publishing or relying upon it;
We make no representations or warranties regarding the accuracy, completeness, originality, non-infringement, or fitness for any particular purpose of any AI-Generated Content;
The legal status of copyright ownership for AI-generated works may vary by jurisdiction and is subject to evolving law. We make no representation that AI-Generated Content is eligible for copyright protection;
Ownership of AI-Generated Content follows the same tier-based structure as User Content described in Section 5.3; and
You are solely responsible for ensuring that any AI-Generated Content used in your websites does not infringe upon the intellectual property or other rights of any third party.

6. AI Data Usage and Training

By using the Services, you acknowledge and agree that Fynesites may use de-identified, aggregated, or anonymized data derived from your use of the Services — including website structures, design patterns, content patterns, usage analytics, and AI-generated outputs — to:

Train, develop, and improve our AI models and generation capabilities;
Improve the quality and functionality of the Services;
Develop new features, products, and services;
Generate benchmarks, analytics, and aggregate insights; and
Conduct research and development activities.

We will use commercially reasonable efforts to de-identify data before using it for the purposes described above. This data usage right survives termination of your account and these Terms. For clarity, this Section does not grant us the right to publicly identify you or attribute specific content to you without your consent.

7. Fynesites Branding and Attribution

Free Tier Branding. All websites created and hosted on the free tier will display a “Powered by Fynesites” badge and will be hosted on a Fynesites subdomain (e.g., yoursite.fynesites.com). These attribution requirements are a material condition of the free tier. Any attempt to remove, obscure, or modify the badge or subdomain branding on a free tier account constitutes a violation of these Terms and may result in immediate account suspension or termination.
Paid Tier Branding. Certain paid subscription tiers allow you to remove the “Powered by Fynesites” badge and connect a custom domain, as described in our plan documentation. Branding removal applies only to the specific subscription tier that includes this feature.
Showcase Rights. We may feature your publicly accessible website in our portfolio, marketing materials, or customer showcases unless you opt out by notifying us at legal@fynesites.com.

8. Copyright Infringement and DMCA Policy

Fynesites respects the intellectual property rights of others and expects its users to do the same. We comply with the Digital Millennium Copyright Act (“DMCA”) and will respond to valid notices of alleged copyright infringement.

8.1 Filing a DMCA Takedown Notice

If you believe that content hosted on a Fynesites website infringes your copyright, you may submit a written notice to our designated DMCA agent containing the following:

A physical or electronic signature of the copyright owner or a person authorized to act on their behalf;
Identification of the copyrighted work claimed to have been infringed;
Identification of the material that is claimed to be infringing, including the URL or other specific location on the Services where the material is located;
Your contact information, including your name, address, telephone number, and email address;
A statement that you have a good faith belief that the use of the material is not authorized by the copyright owner, its agent, or the law; and
A statement, made under penalty of perjury, that the information in the notice is accurate and that you are the copyright owner or are authorized to act on the copyright owner’s behalf.

8.2 Designated DMCA Agent

DMCA notices should be sent to:

DMCA Agent
NovamindAI LLC
Email: dmca@fynesites.com

8.3 Counter-Notification

If you believe that content you posted was removed in error, you may submit a counter-notification to our DMCA agent containing:

Your physical or electronic signature;
Identification of the material that was removed and the location at which it appeared before removal;
A statement under penalty of perjury that you have a good faith belief that the material was removed as a result of mistake or misidentification;
Your name, address, and telephone number; and
A statement that you consent to the jurisdiction of the federal court in San Francisco, California, and that you will accept service of process from the party who submitted the original takedown notice.

8.4 Repeat Infringers

In accordance with the DMCA and our policies, we will terminate the accounts of users who are repeat copyright infringers, in appropriate circumstances and at our sole discretion.

9. Data Handling and Privacy

9.1 Data Practices

Our collection, use, and disclosure of your personal information is governed by this Section and our separate Privacy Policy (available at /privacy), which forms an integral part of these Terms. In the event of a conflict between this Section and the Privacy Policy, the Privacy Policy shall control with respect to data handling practices. By using the Services, you consent to the practices described in this Section and the Privacy Policy.

9.2 Categories of Personal Information Collected

We collect the following categories of personal information in connection with providing the Services:

Identifiers: name, email address, account username, IP address;
Commercial Information: subscription plan, purchase and billing history, payment method details (processed by third-party payment processors);
Internet Activity: browsing history on the Services, interactions with our platform, feature usage, log data;
Geolocation Data: approximate location derived from IP address; and
User-Generated Content: text, images, media, and other content you upload or create through the Services.

9.3 Purposes and Use of Data

We collect and use personal information for the following business purposes:

Providing, maintaining, and improving the Services;
Processing transactions and sending related communications;
Personalizing your experience and delivering AI-generated content;
Communicating with you about your account, updates, and promotional offers (with opt-out available);
Detecting, preventing, and addressing fraud, abuse, and security issues; and
Complying with legal obligations.

9.4 Third-Party Sharing

We may share personal information with the following categories of third parties:

Service Providers: payment processors, cloud hosting providers, analytics providers, and email delivery services that assist in operating the Services;
AI Model Providers: third-party AI services used to generate content (data is transmitted in de-identified or anonymized form where commercially reasonable);
Legal and Safety: law enforcement, government agencies, or other parties when required by law or to protect our rights; and
Business Transfers: in connection with a merger, acquisition, or sale of assets, your information may be transferred as a business asset.

We do not sell your personal information as defined under the California Consumer Privacy Act (CCPA). We do not share your personal information for cross-context behavioral advertising.

9.5 Your Privacy Rights (California Residents)

If you are a California resident, you have the following rights under the CCPA:

Right to Know: You may request that we disclose the categories and specific pieces of personal information we have collected about you;
Right to Delete: You may request that we delete personal information we have collected from you, subject to certain exceptions;
Right to Correct: You may request correction of inaccurate personal information;
Right to Opt-Out of Sale/Sharing: We do not sell or share your personal information. If this practice changes, we will provide a “Do Not Sell or Share My Personal Information” mechanism; and
Right to Non-Discrimination: We will not discriminate against you for exercising any of your privacy rights.

To exercise these rights, contact us at privacy@fynesites.com. We will verify your identity before processing your request and respond within forty-five (45) days as required by law.

9.6 Data Retention

We retain your personal information for as long as your account is active or as needed to provide the Services. After account termination, we retain data as follows: (a) paid accounts: ninety (90) days (per Section 10.4); (b) free accounts: data may be deleted immediately upon termination; (c) de-identified or aggregated data used for AI training and analytics: retained indefinitely; and (d) records required by law: retained for the period required by applicable law.

9.7 Data Security

We implement commercially reasonable administrative, technical, and physical security measures to protect your data, including encryption of data in transit and at rest. However, no method of transmission over the internet or electronic storage is completely secure, and we cannot guarantee absolute security. You acknowledge that you transmit data at your own risk.

9.8 U.S. Compliance

Our data handling practices are designed to comply with applicable United States federal and California state laws, including the California Consumer Privacy Act (CCPA) and the California Privacy Rights Act (CPRA) as applicable. We make no representation regarding compliance with data protection laws of any other jurisdiction.

9.9 Third-Party Services

The Services may integrate with or contain links to third-party services (e.g., payment processors, analytics providers). Your interactions with such third-party services are governed by their respective terms and privacy policies. We are not responsible for the practices of any third party.

10. Termination and Suspension

10.1 Termination by You

You may terminate your account at any time through your account settings or by contacting us at legal@fynesites.com.

10.2 Termination or Suspension by Us

We may suspend or terminate your account and access to the Services immediately, with or without notice, for any reason, including but not limited to: (a) breach of these Terms; (b) violation of the Acceptable Use or Prohibited Content policies; (c) non-payment of fees; (d) suspected fraudulent, abusive, or illegal activity; or (e) at our sole discretion for any other reason. We are not required to provide a reason for suspension or termination.

10.3 Effect of Termination — Free Tier

Upon termination of a free tier account (whether by you or by us), your website(s) will be taken offline immediately and all associated data may be permanently deleted without further notice. We have no obligation to retain, export, or provide access to any data associated with free tier accounts after termination.

10.4 Effect of Termination — Paid Subscriptions

Upon termination of a paid subscription account:

Your website(s) will be taken offline at the end of your current billing period (if you cancel) or immediately (if we terminate for cause);
Your data will be retained for a period of ninety (90) days following termination, during which you may request an export of your User Content;
Data exports will be provided in a standard, machine-readable format (e.g., HTML, JSON, or ZIP archive) and will include all User Content, media assets, and website configuration data associated with your account. We will use commercially reasonable efforts to fulfill export requests within fourteen (14) business days;
After the 90-day retention period, all data associated with your account may be permanently deleted without further notice; and
Data export requests must be submitted to legal@fynesites.com.

10.5 Survival

The following provisions survive termination of these Terms: Sections 5 (Intellectual Property), 6 (AI Data Usage), 8 (DMCA), 9 (Data Handling and Privacy), 11 (Disclaimers), 12 (Limitation of Liability), 13 (Indemnification), 14 (Arbitration), 15 (Governing Law), and 17 (Miscellaneous).

11. Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES, INCLUDING ALL CONTENT, SOFTWARE, FUNCTIONS, MATERIALS, AI-GENERATED CONTENT, TEMPLATES, AND INFORMATION MADE AVAILABLE THROUGH OR PROVIDED IN CONNECTION WITH THE SERVICES, ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY.

WE EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS, INCLUDING BUT NOT LIMITED TO: (A) IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT; (B) WARRANTIES ARISING FROM COURSE OF DEALING, USAGE, OR TRADE PRACTICE; (C) WARRANTIES THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; AND (D) WARRANTIES REGARDING THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY AI-GENERATED CONTENT.

FYNESITES IS A WEBSITE BUILDING AND HOSTING PLATFORM. WE DO NOT PROVIDE LEGAL, FINANCIAL, BUSINESS, OR PROFESSIONAL ADVICE OF ANY KIND. YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT OF YOUR WEBSITES AND FOR ENSURING COMPLIANCE WITH ALL APPLICABLE LAWS AND REGULATIONS GOVERNING YOUR WEBSITE AND BUSINESS.

12. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL NOVAMINDAI LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR LICENSORS (COLLECTIVELY, THE “FYNESITES PARTIES”) 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, BUSINESS OPPORTUNITIES, WEBSITE DOWNTIME, OR OTHER INTANGIBLE LOSSES, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE THE SERVICES, EVEN IF THE FYNESITES PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL AGGREGATE LIABILITY OF THE FYNESITES PARTIES FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNT YOU PAID TO FYNESITES FOR THE SERVICES DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100.00 USD).

THESE LIMITATIONS APPLY REGARDLESS OF THE LEGAL THEORY ON WHICH A CLAIM IS BASED, WHETHER THE FYNESITES PARTIES KNEW OR SHOULD HAVE KNOWN ABOUT THE POSSIBILITY OF SUCH DAMAGES, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED ITS ESSENTIAL PURPOSE. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.

13. Indemnification

You agree to defend, indemnify, and hold harmless the Fynesites Parties from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to reasonable attorneys’ fees and costs) arising from or related to:

Your access to or use of the Services;
Any websites you create, publish, or host using the Services;
Your User Content or any AI-Generated Content used on your websites;
Your violation of these Terms or any applicable law, rule, or regulation;
Your infringement or misappropriation of any intellectual property or other right of any third party;
Any claim by a third party arising from your website, including claims by visitors to or users of your website; or
Any dispute between you and a third party (including your clients, if you are an agency or reseller).

We reserve the right, at your expense, to assume the exclusive defense and control of any matter subject to indemnification by you. You agree to cooperate fully with our defense of any such claim. You will not settle any claim without our prior written consent.

14. Binding Arbitration and Class Action Waiver

14.1 Agreement to Arbitrate

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

You and Fynesites agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Services (collectively, “Disputes”) will be resolved exclusively through final and binding individual arbitration, rather than in court, except that: (a) either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of a party’s intellectual property rights; and (b) either party may bring an individual action in small claims court for Disputes within the jurisdictional limits of such court.

14.2 Arbitration Rules and Procedures

Arbitration will be administered by the American Arbitration Association (“AAA”) under its Consumer Arbitration Rules then in effect, as modified by this Section. The AAA Rules are available at www.adr.org. Arbitration will be conducted by a single arbitrator. The arbitration will be held in San Francisco, California, or at another mutually agreed location, or via telephone or video conference if the arbitrator determines that an in-person hearing is not necessary. The arbitrator’s decision will be final and binding and may be entered as a judgment in any court of competent jurisdiction.

14.2a Arbitration Costs

Payment of AAA filing fees and arbitrator fees will be governed by the AAA Consumer Arbitration Rules. To the extent permitted by the AAA Rules, Fynesites will pay all filing, administration, and arbitrator fees for claims where the amount in controversy is less than $10,000, unless the arbitrator determines the claim is frivolous. For claims exceeding $10,000, filing and arbitrator fees will be allocated in accordance with the AAA Consumer Arbitration Rules. Each party shall bear its own attorneys’ fees and costs unless the arbitrator determines that a party’s claim or defense was frivolous or brought for an improper purpose, in which case the arbitrator may award reasonable attorneys’ fees to the prevailing party.

14.3 Class Action Waiver

YOU AND FYNESITES AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, MULTI-DISTRICT, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT OTHERWISE PRESIDE OVER ANY FORM OF A CLASS OR REPRESENTATIVE PROCEEDING.

If this class action waiver is found to be unenforceable with respect to a particular claim or request for relief, then the entirety of this arbitration provision (Section 14) shall be deemed void solely with respect to that particular claim or request for relief, and the claim or request for relief shall proceed in court.

14.4 Opt-Out

You may opt out of this arbitration provision by sending written notice to legal@fynesites.com within thirty (30) days of first creating your Fynesites account. Your notice must include your name, your Fynesites account email address, and a clear statement that you wish to opt out of this arbitration provision. If you timely opt out, you and Fynesites may pursue Disputes in court, subject to the governing law and jurisdiction provisions in Section 15.

15. Governing Law and Jurisdiction

These Terms and any Disputes arising out of or related to these Terms or the Services shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of laws principles. To the extent that any Dispute is permitted to be brought in court (including if you opt out of arbitration under Section 14.4), you and Fynesites consent to the exclusive personal jurisdiction and venue of the state and federal courts located in San Francisco County, California, and each party waives any objection to jurisdiction and venue in such courts.

16. Modifications to the Services and Terms

Changes to the Services. We may modify, update, suspend, or discontinue any aspect of the Services (including features, pricing, and availability) at any time, with or without notice. This may include adding or removing features, imposing usage limits, or discontinuing the Services entirely. We will not be liable to you or any third party for any modification, suspension, or discontinuation of the Services.
Changes to these Terms. We reserve the right to modify these Terms at any time. “Material changes” include, but are not limited to, changes to pricing, payment terms, data handling practices, intellectual property rights, limitation of liability, arbitration provisions, or any change that materially reduces your rights or increases your obligations under these Terms. If we make material changes, we will provide at least thirty (30) days’ advance notice by posting the updated Terms on our website, updating the “Effective” date at the top of this page, and sending notice to the email address associated with your account. For non-material changes, we will post the updated Terms and update the Effective date. Your continued use of the Services after the effective date of any modification constitutes your acceptance of the modified Terms. If you are a paid subscriber and do not agree to a material change, you may cancel your subscription within the thirty (30) day notice period and receive a pro-rata refund for any unused portion of your current billing period. If you do not agree to the modified Terms, you must stop using the Services and terminate your account.

17. Miscellaneous

Entire Agreement. These Terms, together with the data handling practices described in Section 9 and any other agreements or policies expressly incorporated by reference herein, constitute the entire agreement between you and NovamindAI LLC with respect to the Services and supersede all prior or contemporaneous communications, proposals, and agreements, whether oral or written.
Severability. If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, and the remaining provisions shall continue in full force and effect.
No Waiver. The failure of Fynesites to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by Fynesites.
Assignment. You may not assign or transfer these Terms or any rights or obligations hereunder without our prior written consent. We may assign these Terms, in whole or in part, without restriction and without notice to you, including in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all of our assets.
Force Majeure. We will not be liable for any delay or failure in performance resulting from causes beyond our reasonable control, including but not limited to acts of God, natural disasters, war, terrorism, strikes, labor disputes, government orders, pandemics, power failures, internet disruptions, or third-party service outages.
Headings. The section headings in these Terms are for convenience only and shall not affect the interpretation of these Terms.
Electronic Communications. By using the Services, you consent to receiving electronic communications from us. You agree that any notices, agreements, disclosures, or other communications that we send to you electronically satisfy any legal communication requirements, including that such communications be in writing.
Export Controls and Sanctions. The Services may incorporate technology subject to U.S. export control and sanctions laws, including the Export Administration Regulations (EAR) and regulations administered by the Office of Foreign Assets Control (OFAC). You represent and warrant that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo, and that you are not on any U.S. government restricted party list. You agree not to use, export, re-export, or transfer the Services or any underlying technology in violation of applicable export control or sanctions laws.
Accessibility. While Fynesites strives to provide tools that support the creation of accessible websites, we do not guarantee that websites created using the Services will comply with the Americans with Disabilities Act (ADA), Web Content Accessibility Guidelines (WCAG), or any other accessibility standards. You are solely responsible for ensuring that your websites meet applicable accessibility requirements.
Notices. All legal notices to NovamindAI LLC must be sent to legal@fynesites.com. Notices to you will be sent to the email address associated with your account. Notice is deemed given: (a) when sent by us via email, twenty-four (24) hours after the email is sent; and (b) when sent by you, upon actual receipt by us. You are responsible for keeping your email address current in your account settings.

18. Contact Information

For questions about these Terms, legal notices, DMCA matters, or other legal inquiries, please contact us at:

NovamindAI LLC
Email: legal@fynesites.com

19. Acceptance

By creating an account, accessing, or using any part of the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms in their entirety. If you are using the Services on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms. If you do not agree to these Terms, you must immediately cease all use of the Services and delete your account.