Master Terms of Service

These Master Terms of Service ("Terms") govern your access to and use of the services, websites, and applications provided by FEND AI, Inc. ("Fend," "we," "us," or "our"), including the Fend.ai platform and all related products and services (collectively, the "Platform").

1. Acceptance of Terms

By accessing or using our Platform, you agree to be bound by these Terms and all applicable laws and regulations. If you do not agree with these Terms, you may not access or use our services.

2. Our Services

Fend operates three distinct service offerings:

2.1 Marketplace Services

Connect enterprises with vetted startups for pilot programs and innovation partnerships. Detailed terms governing Marketplace services are found in our User Agreement and related Marketplace-specific documents.

2.2 Labs Services

Custom prototype development and innovation solutions provided directly by Fend's team. Detailed terms governing Labs services are found in our Labs Service Agreement.

2.3 Admute Services

Ad-muting technology available as consumer software and API licensing for business partners. Detailed terms governing Admute services are found in our Admute Terms of Service.

3. Account Registration and Eligibility

3.1 Account Requirement

You must create an account to access certain Platform features. You agree to provide accurate, current, and complete information during registration.

3.2 Eligibility

You must be at least 18 years old and have the legal capacity to enter into these Terms. If you represent an organization, you warrant that you have authority to bind that organization.

3.3 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account.

4. Acceptable Use

4.1 Permitted Use

You may use the Platform only for lawful purposes and in accordance with these Terms and any applicable service-specific terms.

4.2 Prohibited Conduct

You agree not to:

• Violate any applicable laws or regulations
• Infringe upon intellectual property rights
• Transmit harmful, fraudulent, or malicious content
• Interfere with or disrupt the Platform's operation
• Attempt to gain unauthorized access to our systems
• Use automated means to access the Platform without permission

5. Intellectual Property

5.1 Platform Rights

The Platform and its original content, features, and functionality are owned by Fend and protected by international copyright, trademark, patent, trade secret, and other intellectual property laws.

5.2 Service-Specific IP Terms

Intellectual property ownership and licensing terms for specific services are detailed in the applicable service-specific agreements.

5.3 User Content

You retain ownership of content you submit to the Platform, but grant Fend necessary licenses to provide our services as detailed in service-specific terms.

6. Privacy and Data Protection

Your privacy is important to us. Our collection, use, and protection of your information is governed by our Privacy Policy and, where applicable, our Data Processing Agreement for GDPR compliance.

7. Payment Terms

7.1 General Payment Terms

Payment obligations, fee structures, and billing terms are detailed in our Payment Terms document and any applicable service-specific agreements.

7.2 Service-Specific Billing

• Marketplace services may utilize payment holding mechanisms
• Labs services are typically billed via Statement of Work (SOW)
• Admute services use subscription and API licensing models

8. Term and Termination

8.1 Term

These Terms remain in effect while you use the Platform or maintain an account with us.

8.2 Termination by You

You may terminate your account at any time by following the account closure process or contacting our support team.

8.3 Termination by Fend

We may suspend or terminate your account and access to the Platform at our sole discretion, including for violation of these Terms.

8.4 Effect of Termination

Upon termination, your right to access the Platform ceases immediately. Provisions that by their nature should survive termination shall survive.

9. Disclaimers and Limitation of Liability

9.1 Service Availability

The Platform is provided "as is" and "as available." We do not warrant uninterrupted or error-free operation.

9.2 Disclaimer of Warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, FEND DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

9.3 Limitation of Liability

IN NO EVENT SHALL FEND BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, ARISING FROM YOUR USE OF THE PLATFORM.

9.4 Maximum Liability

Our total liability to you for all claims arising from these Terms shall not exceed the amounts paid by you to Fend in the twelve months preceding the claim.

10. Indemnification

You agree to defend, indemnify, and hold harmless Fend and its officers, directors, employees, and agents from any claims, losses, damages, or expenses arising from your use of the Platform or violation of these Terms.

11. General Provisions

11.1 Governing Law

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

11.2 Dispute Resolution

Any disputes arising from these Terms shall be resolved through binding arbitration in accordance with the rules of the American Arbitration Association.

11.3 Modifications

We may modify these Terms at any time by posting revised terms on our website. Your continued use constitutes acceptance of modified terms.

11.4 Severability

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

11.5 Entire Agreement

These Terms, together with our Privacy Policy and applicable service-specific terms, constitute the entire agreement between you and Fend.

12. Service-Specific Terms

The following additional terms apply to specific services:

• Marketplace Services: User Agreement, Payment Holding Service Agreement, Product Listing and Commission Agreement
• Labs Services: Labs Service Agreement
• Admute Services: Admute Terms of Service
• All Services: Privacy Policy, Payment Terms, Data Processing Agreement (where applicable)

In the event of conflict between these Master Terms and service-specific terms, the service-specific terms shall prevail for that particular service.

13. Contact Information

Last updated: September 14, 2025