Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") govern access to and use of services provided by Fontaine Tech LLC ("Fontaine Tech", "we", "our", or "us").

These Terms apply to all users of:

• The fontainetech.ai website
• The Fontaine Tech Web Agent
• AI-powered assistant services
• APIs and integrations
• Account management services
• Customer support systems
• Any related software or services operated by Fontaine Tech

By accessing or using Fontaine Tech services, you agree to be bound by these Terms and our Privacy Policy. If you do not agree to these Terms, you may not use Fontaine Tech services.

2. Relationship to Privacy Policy

Use of Fontaine Tech services is also governed by our Privacy Policy, which describes how we collect, store, and process information. By using the services, you acknowledge that you have reviewed and agree to the practices described in the Privacy Policy.

3. Eligibility and Accounts

Users may be required to create an account to access certain services.

By creating an account, you agree that:

• Information you provide is accurate and complete.
• You are responsible for maintaining the confidentiality of account credentials.
• You are responsible for all activity occurring under your account.

Fontaine Tech may require email verification or additional identity verification before granting full access to services.

4. AI-Generated Content Disclaimer

Fontaine Tech services utilize automated systems and artificial intelligence to generate responses. AI systems may produce inaccurate, incomplete, or misleading outputs ("AI hallucinations").

By using the services, you acknowledge and agree that:

• AI-generated responses may contain errors.
• Information produced by the system should not be relied upon as legal, financial, medical, or professional advice.
• Fontaine Tech makes no guarantees regarding the accuracy, reliability, or completeness of AI-generated responses.
• Users are responsible for independently verifying information produced by the system.

Fontaine Tech shall not be liable for damages resulting from reliance on AI-generated outputs.

5. No Contractual Authority

Communications or responses generated by the Fontaine Tech Web Agent or other automated systems do not constitute legally binding agreements between Fontaine Tech and any user.

AI-generated responses do not:

• create contractual obligations
• authorize commitments
• modify agreements
• bind Fontaine Tech in any legal capacity

Only formal written agreements executed by authorized representatives of Fontaine Tech may create binding obligations.

6. Permitted Use of Services and No Warranty

Fontaine Tech services are intended for legitimate business purposes. Users agree not to:

• use the services for unlawful purposes
• deploy the Web Agent on websites promoting illegal activity
• attempt to reverse engineer or exploit Fontaine Tech systems
• bypass security measures or rate limits
• scrape or extract system data without authorization
• disrupt or interfere with system operations

Fontaine Tech services may not be deployed on websites primarily operating in pornographic or explicit adult-content industries. Fontaine Tech reserves the right to determine whether a website violates this restriction.

Expanded Prohibited Uses

Users additionally agree not to use Fontaine Tech services for:

• fraudulent schemes or scams
• harassment, abuse, or intimidation
• automated spam or unsolicited communications
• impersonation of individuals or organizations
• misinformation or deceptive practices
• collection or misuse of sensitive personal information
• activities requiring regulated compliance not supported by the platform

Fontaine Tech reserves the right to determine whether any use of the services violates these restrictions.

No Warranty

Fontaine Tech services are provided "as is" and "as available" without warranties of any kind. To the fullest extent permitted by law, Fontaine Tech disclaims all warranties, including but not limited to:

• implied warranties of merchantability
• fitness for a particular purpose
• non-infringement
• reliability or accuracy of system outputs
• uninterrupted or error-free operation

Fontaine Tech does not guarantee that the services will meet the user's requirements or operate without interruptions, delays, or errors. Fontaine Tech also makes no guarantees regarding the consistency, predictability, or stability of AI system behavior over time. Updates to models, prompts, infrastructure, training data, or system architecture may significantly alter system behavior.

7. Abuse, Exploitation, and System Integrity

Users agree not to attempt to exploit, manipulate, or abuse any portion of the Fontaine Tech platform, including but not limited to:

• APIs
• AI models
• authentication systems
• billing systems
• integrations with third-party services

Any attempt to gain unauthorized access or manipulate system behavior may result in immediate suspension or termination of service.

8. Payments and Subscription Billing

Certain services require payment through subscription billing.

By purchasing a Fontaine Tech subscription, you agree that:

• Payments are processed through Stripe.
• You authorize recurring billing according to the subscription plan selected.
• Billing intervals are defined at the time of purchase.
• Failure to maintain valid payment methods or failure to complete payment may result in suspension or termination of service.
• All payment disputes must be managed through the Stripe payment platform.

9. Rate Limits, Usage-Based Pricing, and Fair Use

Fontaine Tech subscription plans may include limits based on:

• conversation volume
• message counts
• system usage
• token consumption
• other operational metrics

Users agree not to attempt to bypass, manipulate, or artificially inflate usage limits. Fontaine Tech reserves the right to modify rate limits, usage thresholds, or pricing structures at the conclusion of a user's current billing period, with such changes applying to the next billing cycle.

Fair Use and Infrastructure Protection

Because Fontaine Tech services rely on shared infrastructure and third-party AI systems, unusually excessive or abusive usage that threatens system stability or creates disproportionate infrastructure costs may require intervention. Fontaine Tech reserves the right to:

• temporarily throttle usage
• enforce stricter rate limits
• suspend automated access
• request plan upgrades
• temporarily restrict service

These actions may be taken in order to maintain platform stability and protect infrastructure resources.

10. Customer Responsibility for Configuration and Content

Customers may configure their Web Agent by providing:

• knowledge base materials
• prompts
• business information
• links to website content
• uploaded documents
• custom instructions

Customers are solely responsible for:

• ensuring the accuracy of information provided to the system
• verifying AI-generated responses
• ensuring compliance with applicable laws and regulations
• determining how the Web Agent is presented to their users

Fontaine Tech is not responsible for inaccurate outputs resulting from customer-provided data, configuration choices, or uploaded content.

11. Third-Party Website Deployment Responsibility

When the Fontaine Tech Web Agent is deployed on a customer's website, the customer is responsible for how the Web Agent is presented and used on that website. Visitors interacting with the Web Agent on a customer's website are interacting with the customer's business, not directly with Fontaine Tech.

Customers are responsible for:

• representations made through the Web Agent
• how the system is described to end users
• compliance with applicable laws or industry regulations
• disclosures made to their users regarding automated systems

Fontaine Tech provides the technology platform but does not control or supervise interactions between customers and their website visitors.

12. Data Ownership and Usage Rights

Users retain ownership of the data they submit to Fontaine Tech services.

However, by using the services, users grant Fontaine Tech a perpetual, worldwide, royalty-free license to:

• process submitted data
• store conversation logs
• analyze interactions
• improve system functionality
• develop and train internal AI models

Fontaine Tech retains ownership of:

• AI models
• generated system outputs
• internal datasets
• system improvements
• software and infrastructure

Users are granted a non-exclusive right to use outputs generated by Fontaine Tech services for their business purposes.

13. AI Output Similarity and Non-Exclusivity

AI-generated outputs are produced through probabilistic systems. As a result, similar or identical responses may be generated for different users. Fontaine Tech does not guarantee exclusivity or uniqueness of AI-generated outputs.

14. Third-Party Service Dependencies

Certain features of Fontaine Tech services depend on third-party providers and infrastructure, which may include:

• cloud hosting providers
• AI model providers
• Stripe payment infrastructure
• Google OAuth and Google services
• analytics providers

Fontaine Tech is not responsible for outages, disruptions, policy changes, or failures caused by third-party services.

15. Account Suspension and Termination

Fontaine Tech reserves the right to suspend or terminate accounts at its sole discretion in order to protect the integrity of the platform. Accounts may be suspended or terminated if a user:

• violates these Terms
• attempts to bypass usage limits
• exploits Fontaine Tech systems
• deploys services in prohibited contexts
• fails to verify account ownership
• fails to maintain valid payment
• uses services in a manner deemed harmful or abusive

Fontaine Tech may suspend or terminate accounts with or without prior notice.

16. Indemnification

Users agree to indemnify and hold harmless Fontaine Tech LLC, its officers, employees, contractors, and affiliates from any claims, damages, liabilities, or legal expenses arising from:

• misuse of the services
• violation of these Terms
• deployment of the Web Agent on websites violating applicable law
• reliance on AI-generated outputs
• unlawful activities conducted through the services

17. Service Availability

Fontaine Tech does not guarantee uninterrupted or error-free operation of services. Services may be temporarily unavailable due to:

• maintenance
• infrastructure upgrades
• security measures
• third-party provider disruptions

Fontaine Tech shall not be liable for service interruptions.

18. Modifications to Services

Fontaine Tech reserves the right to modify, suspend, or discontinue any part of the services at any time. This includes changes to:

• product features
• pricing
• API access
• integrations
• infrastructure

Continued use of services after such modifications constitutes acceptance of the changes.

19. Changes to Terms or Privacy Policy

Fontaine Tech may update these Terms of Service or the Privacy Policy at any time. Updated versions will be posted on the website with a revised effective date. Continued use of services after such updates constitutes acceptance of the revised terms.

20. Limitation of Liability

To the maximum extent permitted by law, Fontaine Tech shall not be liable for:

• indirect or consequential damages
• loss of business or revenue
• reliance on AI-generated responses
• data loss
• service interruptions
• third-party provider failures

Use of the services is at the user's own risk.

21. Arbitration Agreement

Any dispute, claim, or controversy arising out of or relating to Fontaine Tech services or these Terms shall be resolved through binding arbitration rather than court litigation. Arbitration shall be conducted in accordance with the rules of the American Arbitration Association (AAA). The arbitration shall take place in Miami, Florida. Users waive the right to participate in class-action lawsuits or class-wide arbitration.

22. Jury Trial Waiver

To the extent any dispute proceeds in court rather than arbitration, the parties waive any right to a trial by jury in connection with any claim or dispute arising out of or relating to these Terms or the use of Fontaine Tech services.

23. Governing Law and Jurisdiction

These Terms shall be governed by the laws of the State of Florida, without regard to conflict-of-law principles. Any legal proceedings not subject to arbitration shall be conducted in Miami-Dade County, Florida.

24. Severability

If any provision of these Terms is determined to be invalid, illegal, or unenforceable by a court or arbitrator, the remaining provisions shall remain in full force and effect.

25. Entire Agreement

These Terms of Service and the Privacy Policy constitute the entire agreement between users and Fontaine Tech regarding the use of the services and supersede any prior agreements or understandings relating to the services.