TERMS OF USE

General

favia.ai website is owned and managed by favia.ai (further referred as “The Company”, “Website”, “Site”, “Sites”, “Service” or “Services”).

If you arrived on the Site after having been redirected or otherwise clicking on another website, you agree that these Terms shall govern your use of this Site.

We do not knowingly collect the information of anyone under the age of 18.

All users agree that they will follow the below-stated rules. They also agree they will not create content that they know may have a negative impact on themselves or others.

You shall not:

• create, post, transmit, share or otherwise make available any unsolicited or unauthorized texts or images that you generate with Services;
• upload, post, transmit, share or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
• intimidate or harass another individual;
• upload, post, transmit, share, store or otherwise make available content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
• circumvent or modify, attempt to circumvent or modify, or encourage or assist any other person in circumventing or modifying any security technology or software that is part of the Service;
• cover or obscure the advertisements on any Sites page via HTML/CSS or any other means;
• make use of any automated use of the system, such as, but not limited to, using scripts to inappropriately add or take away information to your account or any other profile of another user;
• interfering with, disrupting, or creating an undue burden on the Site or Application or the networks or services connected to the Site or Application;
• use the account, username, or password of another user at any time or disclosing your password to any third party or permitting any third party to access your account;
• Sell or otherwise transfer your account;

Respect Intellectual Property Rights

Intellectual Property is the legal rights of works that people create or invent. Intellectual property rights may include copyright, trademark, and trade secret rights, as well as the right to use someone’s name, likeness, image, or voice. Examples include photographs, videos, music (including song lyrics), trademarks/logos, brand names or brand packaging, personal names/likenesses (including anyone’s name/likenesses), quotes and writings.

Each User admits that the violation or infringement of any intellectual property may cause legal implications. FAVIA is not responsible in any way, nor controlling what content pieces may violate any intellectual property rights, and this responsibility is fully on those who post or generate such content using Services.

Protection of Personal Information

Favia.ai recommends making sure to protect users' privacy. For example, we advise them not to share personal or sensitive information about themselves or their family. Such information that they may not want to make available to the public.

Users are responsible for, and agree to abide by, all laws, rules, and regulations applicable to their use of the Site and Appication, their use of any tool, service or product offered on the Site or Application and any transaction they enter into on the Site or in connection with their use of the Site, including, without limitation, the Fair Housing Act and other anti-discrimination and fair housing laws, laws related to credit cards and payment processing, relevant licensure requirements, and privacy laws.

Favia.ai recommends not including personal information about any third party that has not been voluntarily made available by themselves. This includes any information that may make it possible for someone to reasonably identify another person.

You shall not (i) sell, resell, distribute, host, lease, rent, license or sublicense, in whole or in part, the Services or any Site; (ii) copy, decipher, decompile, disassemble, reverse assemble, modify, translate, reverse engineer or otherwise attempt to derive source code, algorithms, tags, specifications, architecture, structure or other elements of the Services or any Site, in whole or in part, for competitive purposes or otherwise; (iii) allow access to, provide, divulge or make available the Service or Site to any user other than those who have licenses to access them; (iv) write or develop any derivative works based upon the Services or Sites; (v) modify, adapt, translate or otherwise make any changes to the Services or Sites or any part thereof; (vi) otherwise use or copy the Services or Sites except as expressly permitted herein; or (ix) remove from any Services or Sites any identification, patent, copyright, trademark or other notices or circumvent or disable any security devices functionality or features. The license to use the site granted to users in these Terms does not include any right of collection, aggregation, copying, scraping, duplication, display or derivative use of the Site nor any right of use of data mining, robots, spiders or similar data gathering and extraction tools without our prior written permission; provided, however, that a limited exception from the foregoing exclusion is provided to general purpose internet search engines that use tools to gather information for the sole purpose of displaying hyperlinks to the Site, provided they each do so from a stable IP address or range of IP addresses using an easily identifiable agent and comply with our robots.txt file. You may not use the Services or the Site or post or transmit information that is in any way false, fraudulent, or misleading, including making any reservation or inquiry under false pretenses, or taking any action that may be considered phishing or that would give rise to criminal or civil liability. If you are aware of or experience any content, activity or communication through or in connection with the Site that appears to be in violation of the above restrictions, or in violation of any other provision of these Terms, we ask that you please inform us of any such violation by contacting us as set forth under "Contact Us" below.

THE SERVICE IS PROVIDED “AS-IS” WITHOUT PROMISES OF ANY KIND. NEITHER WE NOR OUR SUPPLIERS/THIRD PARTY VENDORS WARRANT OR GUARANTEE UPTIME OR AVAILABILITY OF THE SERVICE, THAT THE SERVICE WILL MEET OR CONTINUE IN THE FUTURE TO MEET YOUR NEEDS, OR THAT WE WILL CONTINUE TO PROVIDE THE SERVICE OR ANY ASPECT OF THE SERVICE IN THE FUTURE. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES FOR THE SERVICE, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, SEAWORTHINESS, AND NON-INFRINGEMENT.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE WILL NOT BE LIABLE RESPONSIBLE FOR LOST INFORMATION, PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES, OR INDIRECT, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, OR PUNITIVE DAMAGES.

IF YOU ARE DISSATISFIED WITH THE SITE, YOU DO NOT AGREE WITH ANY PART OF THE TERMS, OR HAVE ANY OTHER DISPUTE OR CLAIM WITH OR AGAINST US, ANY THIRD PARTY PROVIDER OR ANY USER OF THE SITE WITH RESPECT TO THESE TERMS OR THE SITE, THEN YOUR SOLE AND EXCLUSIVE REMEDY AGAINST US IS TO DISCONTINUE USING THE SITE. IN ALL EVENTS, OUR LIABILITY, AND THE LIABILITY OF THE COMPANY, TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE ARISING OUT OF OR IN CONNECTION WITH THE SITE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO US IN THE TWELVE MONTHS PRIOR TO THE ACTION GIVING RISE TO LIABILITY OR (B) $100.00 IN THE AGGREGATE FOR ALL CLAIMS.YOU ACKNOWLEDGE AND AGREE THAT ANY TRANSMISSION TO AND FROM THIS SITE IS NOT CONFIDENTIAL AND YOUR COMMUNICATIONS OR USER CONTRIBUTED CONTENT MAY BE READ OR INTERCEPTED BY OTHERS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT BY SUBMITTING COMMUNICATIONS OR USER CONTRIBUTED CONTENT TO US AND BY POSTING INFORMATION ON THE SITE OR IN THE APPLICATON, NO CONFIDENTIAL, FIDUCIARY, CONTRACTUALLY IMPLIED OR OTHER RELATIONSHIP IS CREATED BETWEEN YOU AND US OTHER THAN PURSUANT TO THESE TERMS.

YOU ACKNOWLEDGE AND AGREE THAT YOU WILL NOT HOLD OR SEEK TO HOLD US OR ANY THIRD PARTY PROVIDER RESPONSIBLE FOR THE CONTENT PROVIDED BY ANY USER, INCLUDING, WITHOUT LIMITATION, ANY TRANSLATION THEREOF, AND YOU FURTHER ACKNOWLEDGE AND AGREE THAT WE ARE NOT A PARTY TO

WE SHALL NOT HAVE ANY LIABILITY TO ANY USER FOR ANY UNAUTHORIZED TRANSACTION MADE USING ANY USER’S ID OR PASSWORD; AND (2) THE UNAUTHORIZED USE OF YOUR ONLINE ID AND PASSWORD FOR YOUR ACCOUNT OR YOUR EMAIL ACCOUNT COULD CAUSE YOU TO INCUR LIABILITY TO BOTH US AND OTHER USERS.

In the event that you use any of our tools that we may from time to time offer that integrates in any way with a third party website to which you have provided data or information, you acknowledge and agree that such third party website shall be responsible for how the data or information you have provided to such website is handled.

We reserve the right to decline to permit the posting on the Site of or to remove from the Site any user contributed content for any reason whatsoever, including that which fails to meet our Content Guidelines, any other guidelines posted on a Site or if it otherwise violates these Terms, each as determined in our sole discretion. We reserve the right, but do not assume the obligation, to edit a member’s content or user contributed content in a non-substantive manner solely to cause the content to comply with our content guidelines or formatting requirements or to provide services to members to create or improve on postings (such as translation services), in accordance with information we have about the posting. Users remain responsible for reviewing their user-contributed content to ensure it is accurate and not misleading.

At a minimum, user-contributed content must (as determined by us in our discretion):

• not infringe anyone's rights, violate the law or otherwise be inappropriate;
• not include personal information of another that can be used to identify or contact any person;
• not include unsolicited promotional content, advertising, political campaigns, contests, raffles or solicitations;
• be directly related to the Site, business service, product or forum where the content is submitted;
• not be obscene, abusive, discriminatory or illegal content; or
• not be false or misleading.

By submitting or authorizing user-contributed content, you grant to us and our affiliates a perpetual, worldwide, irrevocable, unrestricted, non-exclusive, royalty-free and fully paid-up license to use, copy, license, sublicense (through multiple tiers), adapt, distribute, display, publicly perform, reproduce, transmit, modify, edit and otherwise exploit the copy, the photographs and the likenesses (if any) of any of your user contributed content, in connection with our business or the business of our affiliates. Notwithstanding the foregoing, following the termination or expiration of a posting, we will not continue to display the user-contributed content that was displayed in such postings. In the event that it is determined that you retain any intellectual property rights in the user-contributed content, you hereby declare that you do not require that any personally identifying information be used in connection with the user-contributed content or any derivative works thereof and that you have no objection to the publication, use, modification, deletion or exploitation of the user-contributed content by us or our affiliates.

You further grant us and our affiliates the ability to protect the intellectual property interests of any user-contributed content, including the images, copy, and content available via any member’s listing, from the unauthorized use by unaffiliated third parties who may, from time to time, attempt to pirate such information via electronic or other means. This includes, but is not limited to, the right to file suit to seek injunctive relief to protect such material. You further agree to assist us—at our expense and control—to protect such copyrighted material from unauthorized redistribution.

You agree that we may sublicense all the rights granted to us under these Terms to one or more third parties we may contract with to display all or part of the member’s postings or otherwise provide promotional or other services related to our business.

We may also provide members’ listing information, or otherwise provide for the distribution of such listings on a third party website. Additional terms and conditions may apply to such distributions, which will be the responsibility of the user. We may post your listing to many third-party websites that partner with us.

Intellectual Property Rights

Users hereby agree to hold harmless, and covenants not to sue, favia.ai, and their respective agents, employees, officers, directors, contractors, successors and assigns, from and/or in relation to any and all liability, loss, harm, damage, injury, cost or expense whatsoever which User, his/her heirs, executors, administrators and assigns had, now have or hereafter may have, by reason of any matter connected in any way with the favia.ai website of their express or implied rights hereunder.

User warrants that he/she/they is at least 18 years of age, will adhere to the Terms of Use and has the right to contract in Cretator’s own name.

You agree that, with respect to other users’ personal information that you obtain directly or indirectly from or through the Services or any Site, we have granted to you a limited license to use such information only for: (a) using services offered through the Site, and (c) inquiring about or otherwise facilitating a financial transaction between you and the other user related to the purpose of the Site (such as inquiring about or Leasing an online Leasing or charging a personal credit card). Any other purpose or disclosure requires express permission from the user. You may not use any such information for any unlawful purpose or with any unlawful intent.

Favia AI Tools, herein referred to as "the Product," acknowledges and upholds the fundamental principles of Intellectual Property Rights. Users are granted a non-exclusive, non-transferable license to use the Product for its intended purposes, including text generation, answer searching, image generation, and engaging in conversations with AI. The Product integrates multiple AIs into one platform, fostering a unique and comprehensive user experience. Users understand and agree that any generated content, whether text, images, or other outputs, remains the intellectual property of Favia AI Tools. Users are prohibited from reproducing, distributing, or modifying the generated content for commercial purposes without explicit consent. Favia AI Tools respects the intellectual property rights of its users, and users are encouraged to report any concerns related to infringement or unauthorized use.

Payments

Payment for subscriptions must be made to us in the U.S. Dollars paid either by major credit or debit card.

Subscription Renewals. For any subscription paid for by credit card, such subscription shall automatically renew at the expiration of the then-current term for an additional term of the same duration (as the previous term) and at the then-current non-promotional subscription rate. If such subscription was purchased by check or another form of payment other than by credit card (if such other payment form was permitted), such subscription shall not be automatically renewed. Automatic renewal applies to all subscriptions purchased by credit card. If you wish to turn off auto-renewal, you must log on to your account and manually turn off auto-renewal in your owner dashboard found on The Website, at least calendar 5 days prior to the expiration of the then-current term. Your subscription will remain active through the expiration of your then-current subscription term; however, your subscription will not be automatically renewed upon the expiration of your then-current term.

If the product or service that you last purchased has changed in any way or is no longer offered, you agree and authorize us to charge your credit card at the renewal of your subscription term for a product or service that is the most similar, as determined by us, to the product or service that you previously purchased, even if the price of such product or service is not the same of the prior product or service that you purchased. You agree to be responsible for any such charges, and we reserve the right to obtain payment directly from you if necessary.

All Sales are Final. No refunds are available. All sales, subscriptions, and other transactions are final.

Additional fees

The recipient of payment, such as a seller or a third party facilitating your payment transaction (“Facilitator”) may charge you additional service fees (“Facilitator Fee”) based on their terms and conditions. We recommend that you review Facilitator Fee terms before completing your payment.

In addition, a convenience fee or similar can be charged for any payment made from a checking account via the ACH network, credit card or debit card. These fees are posted at the point of sale and included within a payment. Convenience fees are paid by the payer.

Confidential Information

Unless authorized by favia.ai, users agree to hold all Confidential Information in strict confidence, not to disclose Confidential Information to any third parties, and to use Confidential Information solely for the purpose of fulfilling its obligations under these Terms of use. “Confidential Information” shall mean all information, excluding information available from the public domain, disclosed by favia.ai related to these Terms of Use or the current, future, and proposed business, products, and services of favia.ai.

We respect the intellectual property rights of others, and The Company does not permit, condone, or tolerate any content that infringes any person's copyright. The Company will terminate, in appropriate circumstances, a user who is the source of repeat infringements of copyright. Should you become aware of or suspect any copyright infringement on this Site, please refer to our procedures for Notification of Copyright Infringement.

Term and Termination

The initial terms of these Terms of Use shall commence on the effective date and continue in full force and effect until terminated as set forth herein. Favia.ai may terminate these Terms of use and/or the services:

• immediately in the event of a material breach by User
• for convenience at any time

We may immediately terminate any user’s access to or use of the Site or Application due to such user’s breach of these Terms or any other unauthorized use of the Site. However, we do not guarantee that we will take action against all breaches of these Terms.

Miscellaneous

Users will not be entitled to, and hereby waives any right to seek, injunctive relief to enforce the provisions of these Terms of Use, and User’s sole remedy for any breach by favia.ai shall be to recover monetary damages, if any, subject to the terms and conditions herein.

These Terms may be changed at any time by agreement of authorized representatives or parties, without any public notice.

Changes to the Site, Terms and Conditions, or Subscriptions. We may change, suspend or discontinue any aspect of the Site at any time, including the availability of any Site features, database, or content. We may also impose limits on certain features or services or restrict your access to parts or the entire Site without notice or liability. This version of the Terms became effective on the date set forth above and this version amends the version effective prior to such date. We reserve the right, in our sole discretion, to amend these Terms, in whole or in part, at any time, with or without your consent and you acknowledge and agree that your consent to any such amendment is not required in the event the proposed amendment is clerical and/or non-substantive in nature. Notification of any amendment will be posted on the Site by the indication of the last amendment date at the top of these Terms and will be effective immediately. If you disagree with any non-clerical and/or substantive amendment to these Terms, then (i) your sole remedy as a user, is to discontinue your use of the Site, and (ii) your sole remedy as a member is to withhold your consent to the applicability of the proposed amendment to your use of the Site, in which case your use of the Site will continue to be governed by the terms and conditions that were applicable to your use of the Site during the then current term of your subscription as the same were in effect immediately prior to the proposed amendment and you agree that you are responsible for keeping a copy of such terms. When members renew subscriptions, the terms in effect at the time of renewal will govern, provided that such terms may change as described above.

Subscription rates and fees (including any commissions) charged for any listing that is not subscription based (such as pay-per-Leasing or pay-per-lead) are set at the time of a user or member’s purchase of the subscription or renewal or registration for the non-subscription based, listing, as applicable. Such rates and fees are subject to change without notice or approval. For subscription postings, the rates in effect at the time of the member’s next subscription renewal, new listing or a member’s upgrade or any other additional or new order of any product or service will govern for such renewal or other order.

Assignment: We may assign these Terms at our sole discretion. Users must obtain our prior written consent to assign these Terms, which may be granted or withheld by us in our sole discretion.

Feedback

Unsolicited Ideas: From time to time, users submit to us ideas or suggestions pertaining to our business, such as ideas for new or improved products or technologies, website or tool enhancements, processes, materials, marketing plans or new product names. We are under no obligation to review or consider them, nor are we required to treat them as confidential. If you choose to submit any ideas, original creative artwork, suggestions or other works (“Feedback”) in any form to us, then regardless of what you say, write or provide to us in connection with your submissions, the following terms shall apply. If you provide any Feedback to us, you agree that: (1) the Feedback and its contents will automatically become our property, without any compensation to you; and (2) we may use or redistribute any such submission and its contents for any purpose and in any way. To provide feedback, you can contact us as provided under “Contact Us” or within an account under the “Support” or “Feedback” section.

United States Export Controls

The Site is subject to United States export controls. No Software available on the Site or software available any other site operated by us may be downloaded or otherwise exported or re-exported (a) into (or to a resident of) Cuba, Iraq, Russia, Belarus, Libya, North Korea, Iran, Syria or any other country to which the United States has embargoed goods, or (b) anyone on the United States Treasury Department’s list of Specially Designated Nationals or the United States Commerce Department’s Table of Deny Orders. By using the Site, you represent and warrant that you are not located in, under the control of, or a national or resident of any such country or on any such list.

Links to Third Party Sites

This Site may contain links and pointers to other Internet sites, resources, and sponsors of the Site. Links to and from the Site to other third-party sites, maintained by third parties, do not constitute an endorsement by us of any third parties, the third-party sites or the contents thereof. We may also provide tools to allow interaction between the Site and a third party site, such as a Social Media Site. We are not responsible in any way for such third-party sites or resources and your use of such sites and resources will not be governed by these Terms. Third Party Leasing Services Software. There are some Members, typically businesses, who use the software provided by our affiliate, The Company Software, or a third party. Such software (“Other Leasing Services”) may be governed by terms provided by the third parties or Members making such Other Marketing Services provided. Users who use such Third Party Marketing Services are responsible for complying with such terms in addition to our Terms, including, but not limited to the following. All sales of third-party products are final and no refunds will be provided.

Release, Indemnification

IN THE EVENT THAT YOU HAVE A DISPUTE WITH ONE OR MORE OTHER USERS OF THE SITE (INCLUDING, WITHOUT LIMITATION, ANY DISPUTE BETWEEN USERS REGARDING ANY TRANSACTION OR USER CONTRIBUTED CONTENT) OR ANY THIRD PARTY PROVIDER OR ANY THIRD PARTY WEBSITE THAT MAY BE LINKED TO OR FROM OR OTHERWISE INTERACT WITH THE SITE, INCLUDING WITHOUT LIMITATION ANY SOCIAL MEDIA SITE, YOU HEREBY AGREE TO RELEASE, REMISE AND FOREVER DISCHARGE THE COMPANY, EACH OF THEIR RESPECTIVE AGENTS, DIRECTORS, OFFICERS, EMPLOYEES, AND ALL OTHER RELATED PERSONS OR ENTITIES FROM ANY AND ALL MANNER OF RIGHTS, CLAIMS, COMPLAINTS, DEMANDS, CAUSES OF ACTION, PROCEEDINGS, LIABILITIES, OBLIGATIONS, LEGAL FEES, COSTS, AND DISBURSEMENTS OF ANY NATURE WHATSOEVER, WHETHER KNOWN OR UNKNOWN, WHICH NOW OR HEREAFTER ARISE FROM, RELATE TO, OR ARE CONNECTED WITH SUCH DISPUTE AND/OR YOUR USE OF THE SITE.

IF YOU ARE A CALIFORNIA RESIDENT, YOU WAIVE CALIFORNIA CIVIL CODE SECTION 1542, WHICH SAYS: “A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH, IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”

YOU AGREE TO DEFEND, INDEMNIFY AND HOLD HARMLESS THE COMPANY, OUR FINANCIAL INSTITUTION PARTNERS, AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, AGENTS, EMPLOYEES, AND SUPPLIERS FROM ANY THIRD PARTY CLAIMS, ACTIONS, PROCEEDINGS, AND SUITS AND RELATED LIABILITIES, DAMAGES, SETTLEMENTS, PENALTIES, FINES, COSTS OR EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES AND OTHER LITIGATION EXPENSES) ARISING FROM: (A) YOUR VIOLATION OF THESE TERMS OR ANY OTHER APPLICABLE TERMS OR POLICIES OF THE COMPANY OR OUR FINANCIAL INSTITUTION PARTNERS; (B) YOUR USE OF PAYMENT PROCESSING; (C) ANY USE OF USER CONTRIBUTED CONTENT YOU PROVIDE OR INTERACT WITH, (C) YOUR NEGLIGENCE OR WILLFUL MISCONDUCT; AND/OR (D) YOUR ACTUAL OR ALLEGED VIOLATION OF ANY THIRD PARTY RIGHTS, OR ANY APPLICABLE LAWS, REGULATIONS OR RULES.

WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU AND YOU SHALL NOT, IN ANY EVENT, SETTLE ANY MATTER WITHOUT OUR WRITTEN CONSENT.

Jurisdiction, Choice of Law and Forum, Limitation of Action

ANY AND ALL SERVICES AND RIGHTS OF USE HEREUNDER ARE PERFORMED, PERFORMABLE AND/OR SOLD IN THE STATE OF TEXAS, UNITED STATES OF AMERICA, AND YOU IRREVOCABLY AGREE AND CONSENT THAT ANY CAUSE OF ACTION YOU MAY SUBMIT IN CONNECTION WITH YOUR USE OF THE SITE OR PURSUANT TO THESE TERMS WILL BE FILED IN THE STATE OR FEDERAL COURTS IN TRAVIS COUNTY, TEXAS WHICH YOU ACKNOWLEDGE, CONSENT TO AND AGREE WILL BE THE EXCLUSIVE FORUM AND VENUE FOR ANY LEGAL DISPUTE BETWEEN YOU AND US. YOU ALSO AGREE THAT ANY DISPUTE BETWEEN YOU AND US WILL BE GOVERNED BY THE LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO CONFLICT OF LAWS PRINCIPLES. YOUR FURTHER AGREE THAT ANY CAUSE OF ACTION OR LITIGATION ARISING OUT OF OR RELATING TO THE SERVICE AND THESE TERMS AND CONDITIONS MAY ONLY BE MAINTAINED ON AN INDIVIDUAL BASIS, AND ANY RIGHT TO PURSUE ANY CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT MAY NOT CONSOLIDATE MORE THAN ONE PARTY’S INDIVIDUAL CLAIMS OR BE RAISED ON BEHALF OF A CLASS OF PARTIES.

ANY CAUSE OF ACTION YOU MAY HAVE HEREUNDER OR WITH RESPECT TO YOUR USE OF THE SITE MUST BE COMMENCED BY FILING SUIT IN TRAVIS COUNTY, TEXAS, WITHIN ONE (1) YEAR AFTER THE INCIDENT UPON WHICH THE CLAIM OR CAUSE OF ACTION IS BASED FIRST OCCURRED.

Notices

Except as explicitly stated otherwise, any notices to us shall be given by postal mail to the reference in the Contact Us section. When we need to send you a notice, it will be sent to the email address you provide to the Site during the registration process or as later updated in your account (if applicable). The notice shall be deemed given upon receipt or 24 hours after an email is sent unless the sending party is notified that the email address is invalid. Alternatively, we may give you notice by certified mail, postage prepaid and return receipt requested, to any physical or electronic address provided to us during the registration process or as later updated in your account (if applicable). In such a case, notice shall be deemed given three days after the date of mailing to a physical address and one day after mailing to an electronic address.

Entire Agreement, Conflict, Headings and Severability

These Terms constitute the entire agreement between us and you with respect to the matters set forth herein and supersede any prior agreement between us and you with respect to your use of the Site. Headings in these Terms are for reference only and do not limit the scope or extent of such section. In the event of any conflict between these Terms and any other terms and conditions applicable to a product, tool or service offered on our Site, the Terms herein shall prevail. If any portion of these Terms is found to be invalid or unenforceable by any court of competent jurisdiction, the other provisions of these Terms shall remain in full force and effect. Further, any provision of these Terms held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.

Electronic Signatures

Users agree that all e-signatures provided to each other or The Company are binding and as if they used their own pen signatures. All contracts and commitments and binding.

Identity Verification. To ensure the safety and protection of our customers, prior to allowing access to certain features of the service, we require identity verification either directly with us or through third-party identification verification services. Identity verification may require further information based on your credit and account profile. You acknowledge and understand that you are providing ‘written instructions’ to us under the Fair Credit Reporting Act authorizing us to obtain information from your personal credit profile or other information. You authorize us to obtain such information solely to confirm your identity. NOTHING HEREIN SHALL BE CONSTRUED TO REQUIRE US TO VERIFY THE IDENTITY OF ANY USER ON THE WEBSITE NOR WILL WE HAVE ANY LIABILITY FOR FAILURE TO VERIFY ANY USER’S IDENTITY.

Subcontractors

Favia.ai may use our affiliates or subcontractors to perform our obligations.

Account Errors

Contact us immediately if you think that: (a) your account has been accessed without your authorization, (b) a transaction that you did not authorize has occurred, (c) a transaction has been processed incorrectly to or from your account, or (d) your account statement contains an error regarding your transaction history (each, an Error). If you give someone access to your account and that person conducts transactions without your authorization, these transactions are not considered Errors, unless you are the victim of a phishing attack or similar exploit. We must hear from you within 60 days after we provided the account statement on which the suspected Error first appeared. If you notify us by phone, we may require that you send us your inquiry by email within 10 business days. We will determine whether an Error occurred within 10 business days after you notify us and will correct any Error promptly. If we need more time, we may take up to 45 days to investigate. If we decide to do this, we will credit your account within 10 business days for the amount of the suspected Error. If we ask you to send your inquiry by email and we do not receive it within 10 business days, we may not credit your account. For Errors involving new Accounts, we may take up to 90 days to investigate and may take up to 20 business days to credit your Account. We will tell you the results within 3 business days after completing our investigation. If we decide that there was no Error, we will provide you with a written explanation. You may ask for copies of the documents that we used in our investigation.

Force majeure

If we are unable to perform any of our obligations under these Terms because of any cause beyond our reasonable control of and not our fault, including any act of God, fire, casualty, flood, earthquake, war, strike, lockout, epidemic, destruction of production facilities, riot, insurrection or material unavailability, our performance will be excused, and the time for such excusal from performance will be extended for the period of delay or inability to perform due to such occurrences.

Waiver, Severability

Our failure to insist in any one or more instances upon performance of any term of these Terms will not be construed as a waiver of future performance of the term, and your obligations will continue in full force and effect. The provisions of these terms are severable. The invalidity or unenforceability of any term or provision in any jurisdiction will be construed and enforced as if it has been narrowly drawn so as not to be invalid, illegal or unenforceable to the extent possible and will in no way affect the validity or enforceability of any other terms or provisions in that jurisdiction or of the entirety of these Terms in that jurisdiction.

Contact Us

If you have any questions or requests regarding this Privacy Policy or your Personal Information, please contact us at:

E-mail address: contact@favia.ai