Last Updated: April 18, 2025
IMPORTANT: PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE ACCESSING OR USING ANY SERVICES OFFERED BY FRESENT LLC.
This Terms of Service Agreement (“Agreement”) governs your access to and use of the websites, software-as-a-service products, downloadable software, artificial intelligence (AI) based products, software design, building, and engineering services, and any other services (collectively, the “Services”) offered by Fresent LLC, a USA company (“Fresent,” “we,” “us,” or “our”).
By accessing, Browse, downloading, or using any of our Services, or by clicking an “accept” or “agree” button, you and any entity you represent (“User,” “you,” or “your”) signify that you have read, understood, and agree to be bound by this Agreement, as well as our Privacy Policy, which is incorporated by reference into this Agreement. If you do not agree to all the terms and conditions of this Agreement, you must not access or use the Services.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity and its affiliates to these terms and conditions. If you do not have such authority, or if you do not agree with these terms and conditions, you must not accept this Agreement and may not use the Services.
Fresent reserves the right, at its sole discretion, to modify or replace any part of this Agreement at any time. We will indicate at the top of this page the date these Terms of Service were last revised. We will also endeavor to notify you of any material changes, either through the Service user interface, a pop-up notice, email, or through other reasonable means. Your continued use of or access to the Services following the posting of any changes to this Agreement constitutes acceptance of those changes. You should periodically visit this page to review the current Terms of Service.
Specific Product Terms:
Please note that certain individual products or services offered by Fresent may have their own specific terms and conditions, policies, or guidelines (“Product-Specific Terms”). In the event of a conflict between this Agreement and any Product-Specific Terms, the Product-Specific Terms shall take precedence with respect to your use of that particular product or service.
1. Definitions
- “Services”: Includes all products and services provided by Fresent, including but not limited to SaaS platforms, software design/building/engineering services, AI-based products, and downloadable software.
- “User Content”: Any data, information, text, graphics, photos, software, or other materials uploaded, submitted, posted, stored, or displayed by you or your users through the Services.
- “Fresent Content”: All materials, including but not limited to software, designs, text, graphics, images, video, information, logos, button icons, software, audio files, computer code, and other Fresent content.
- “Intellectual Property Rights”: Means all past, present, and future rights of the following types, which may exist or be created under the laws of any jurisdiction in the world, including but not limited to copyrights, trademarks, patents, trade secrets, moral rights, and other proprietary rights.
2. Account Registration and Use
- Account Creation: To access certain features of the Services, you may be required to register for an account. You agree to provide true, accurate, current, and complete information about yourself as prompted by the Service’s registration form.
- Account Responsibility: You are responsible for maintaining the confidentiality of your account password and for all activities that occur under your account. You agree to immediately notify Fresent of any unauthorized use of your password or account or any other breach of security. Fresent cannot and will not be liable for any loss or damage arising from your failure to comply with this section.
- Eligibility: You must be at least 18 years old to use the Services. If you are under 18 years old, you may only use the Services with the express consent of your parent or legal guardian.
- Automated Accounts: Accounts registered by “bots” or other automated methods are not permitted and will be terminated.
- Multiple Free Accounts: Having multiple free accounts is not considered an acceptable use of our Service. Any users found to be abusing this rule may have their accounts terminated or merged, at Fresent’s sole discretion.
3. License to Use Our Services
- Limited License: Subject to your compliance with this Agreement, Fresent grants you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Services for your internal business or personal purposes, as applicable, and in accordance with any applicable Product-Specific Terms and subscription plans.
- Downloadable Software: For Services that include downloadable software, Fresent grants you a personal, non-transferable, non-exclusive license to use the object code of its software on a single device; you agree that you will not (and will not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code.
4. Acceptable Use and Conduct
You agree that you will not, and will not permit any third party to, use the Services to:
- Upload, post, transmit, or otherwise make available any User Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another’s privacy, hateful, or racially, ethnically, or otherwise objectionable.
- Harm minors in any way.
- Impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person or entity.
- Forge headers or otherwise manipulate identifiers in order to disguise the origin of any User Content transmitted through the Service.
- Upload, post, transmit, or otherwise make available any User Content that you do not have a right to make available under any law or under contractual or fiduciary relationships.
- Upload, post, transmit, or otherwise make available any User Content that infringes any patent, trademark, trade secret, copyright, or other proprietary rights of any party.
- Upload, post, transmit, or otherwise make available any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation, except in those areas (such as shopping) that are designated for such purpose.
- Upload, post, transmit, 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.
- Interfere with or disrupt the Services or servers or networks connected to the Services, or disobey any requirements, procedures, policies, or regulations of networks connected to the Services. This includes abusing or flooding the server by sending bulk email, mass signups for the purpose of discount code/coupon harvesting or other similar activity, or any activity that aims to deteriorate the Service’s email deliverability.
- Violate any applicable local, state, national, or international law, including, but not limited to, regulations promulgated by the U.S. Securities and Exchange Commission, any rules of any national or other securities exchange, and any regulations having the force of law.
- “Stalk” or otherwise harass another.
- Collect or store personal data about other users in connection with the prohibited conduct and activities set forth above.
- Use the Services for any purposes prohibited by U.S. law, including, without limitation, the development, design, manufacture, or production of nuclear, missiles, or chemical or biological weapons.
- Engage in any activity that is competitive with Fresent, as determined in Fresent’s sole discretion.
- Attempt to gain unauthorized access to the Services, other accounts, computer systems, or networks connected to the Services, through password mining or any other means.
- Use any robot, spider, scraper, or other automated means to access the Services for any purpose without our express written permission.
Fresent reserves the right to investigate and take appropriate legal action against anyone who, in Fresent’s sole discretion, violates this provision, including without limitation, removing the offending content from the Services, suspending or terminating the account of such violators, and reporting you to law enforcement authorities.
5. Subscriptions and Fees
- Subscription Fees: Some features of the Services are provided based on a subscription (“Subscription”). The subscription fees (“Subscription Fees”) are billed on a monthly or yearly cycle, as selected by you. Your Subscription will automatically renew under the same conditions unless you cancel it or Fresent LLC cancels it.
- Payment: You agree to pay Fresent the Subscription Fees and any other applicable fees as set forth in the pricing plan for the Services you select. All fees are non-refundable except as expressly stated in this Agreement or required by law. Fresent may use a third-party payment processor to bill you through a payment account linked to your account. The processing of payments will be subject to the terms, conditions, and privacy policies of the payment processor, in addition to this Agreement.
- Cancellation: You may cancel your Subscription at any time. You agree that you will accept the full responsibility for successfully cancelling your Subscription. You agree to provide a cancellation request with at least 72 hours advance notice before the re-bill kicks in. If you need assistance in cancelling your Subscription, please contact us.
- Non-Payment: If we are unable to process a payment for your Subscription, we reserve the right to terminate this license and cancel your Subscription for non-payment.
- Fraudulent Payments: The use of stolen card details for Subscription payments is not authorized. If a fraudulent payment is detected (such as the use of a stolen card), your Subscription may be immediately cancelled and refunded, and your account may be terminated.
- Disputes/Chargebacks: In the result (or threat) of a payment dispute/chargeback, if we fail to resolve the dispute or hear back from you after making contact to resolve the dispute, your account will be terminated and all associated details (including email, IP address, associated card details, etc.) will be permanently barred across all our Services. Fresent reserves the right to clawback amounts from the impacting user from any other Services that user might have under Fresent’s umbrella.
- Fee Changes: We reserve the right to make changes to Subscription Fees in the future. You will receive notification of any changes in advance, typically by email. Price changes will take effect at the start of the next subscription period following the date of the price change. By continuing to use the Service after the price change takes effect, you accept the new price. However, Fresent at it’s own discretion can choose not to apply price change to early adopters.
6. Refund Policy
- General Policy: As most of the Fresent LLC’s Services may offer a free tier or trial period, all products under Fresent LLC have a blanket no refund policy by default, unless explicitly mentioned in the Product-Specific Terms for that product or as required by applicable law.
- Free Tier/Trial Encouragement: We encourage our potential customers to use any available free tier or trial to test our Services thoroughly. Ensure our Service meets your needs and expectations before committing to a paid Subscription.
- Discretionary Refunds: A refund may be offered on a pro-rated basis in the event any SaaS product under Fresent LLC is demonstrably incapable of providing the core advertised service due to issues solely attributable to Fresent. Any such refund will be solely at the discretion of Fresent LLC.
7. Termination
- Fresent’s Right to Terminate: Fresent LLC reserves the blanket right to terminate or suspend access to any of our Services immediately, without prior notice or liability, for any validated reason whatsoever that includes (but is not limited to):
- Breach of these Terms of Service or any Product-Specific Terms.
- Sending spam emails, sending viruses, or distributing malware.
- Repeatedly marking emails from us as spam.
- Abusing or flooding the server by sending bulk email, mass signups for the purpose of discount code/coupon harvesting, or other similar activity.
- Disrupting the Service’s networks or servers.
- Any activity that aims to deteriorate the Service’s email deliverability or overall performance.
- Requests by law enforcement or other government agencies.
- A request by you (self-initiated account deletions).
- Discontinuance or material modification of the Services (or any part thereof).
- Unexpected technical or security issues or problems.
- Extended periods of inactivity.
- Engagement by you in fraudulent or illegal activities.
- Automated Accounts: Accounts registered by “bots” or any other automated methods are not authorized and will be terminated.
- Multiple Free Accounts: Having multiple free accounts is not considered an acceptable use of our service. Any users found to be abusing this rule may have their accounts terminated.
- Effect of Termination: Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply contact us or use any account deletion functionality provided within the Service.
- Survival: All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
8. Intellectual Property Rights
- Fresent’s IP: The Services and Fresent Content, including all underlying technology and Intellectual Property Rights therein, are and shall remain the exclusive property of Fresent and its licensors. Except for the limited rights expressly granted to you under this Agreement, no other rights are granted, either express or implied, to you. You agree not to copy, modify, create derivative works of, publicly display, publicly perform, republish, or transmit any of the Fresent Content.
- User Content: You (or your licensors) retain ownership of your User Content. By submitting User Content to the Services, you grant Fresent a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the User Content in connection with the Services and Fresent’s (and its successors’ and affiliates’) business, including without limitation for promoting and redistributing part or all of the Services (and derivative works thereof) in any media formats and through any media channels.
- Feedback: If you provide Fresent with any feedback, suggestions, improvements, or ideas regarding the Services (“Feedback”), you hereby grant Fresent a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the Feedback for any purpose without any obligation or compensation to you.
- AI-Generated Content: Specific terms regarding the ownership and use of content generated by Fresent’s AI-based products (“AI Output”) may be detailed in the Product-Specific Terms for those products. Due to the nature of machine learning, Fresent makes no representation or warranty that any copyright or other intellectual property rights will vest in any AI Output. Fresent will “use commercially reasonable efforts” to avoid infringing datasets. However, you are finally responsible for ensuring your use of AI Output complies with all applicable laws and does not infringe on third-party rights.
9. Confidentiality
“Confidential Information” means any information disclosed by one party to the other, whether orally or in writing, that is designated as confidential or that reasonably should be understood to be confidential given the nature of the information and the circumstances of disclosure. Fresent’s Confidential Information includes the Services, Fresent Content, and all non-public aspects of our technology and business. Your Confidential Information includes your User Content. Each party agrees to protect the other’s Confidential Information with the same degree of care that it uses to protect its own confidential information of like kind (but in no event less than reasonable care). Each party agrees to use Confidential Information of the other party solely as necessary to perform its obligations and exercise its rights under this Agreement.
10. Data Privacy and Security
Your privacy is important to us. Our Privacy Policy explains how we collect, use, and share personal information and other data. By using our Services, you agree to the collection, use, and sharing of your information as set forth in our Privacy Policy. Fresent will implement reasonable and appropriate measures designed to help secure your User Content against accidental or unlawful loss, access, or disclosure.
11. Security Incident & Breach Notification
- Notification Timing. Fresent will notify Customers of any confirmed or reasonably suspected Security Incident or data breach affecting Customer Data without undue delay, and in all events no later than 120 hours after Fresent’s discovery of such Security Incident; provided that Fresent may delay such notification to the extent required by law or to preserve evidence of the incident.
- Content of Notice. The notification will describe the nature of the Security Incident, the types of data affected, steps taken to contain and remediate the incident, and Fresent’s recommended mitigation measures.
12. Digital Millennium Copyright Act (DMCA) Safe Harbor
(a) Designated Agent. Fresent has designated a DMCA Agent to receive notifications of claimed infringement. Notices must be sent to:
Yuvraj
Email: dmca[at]fresent.com
(b) Notice Requirements. The notice must comply with 17 U.S.C. § 512(c)(3), including a signature, identification of the allegedly infringing material, and a statement under penalty of perjury.
(c) Counter-Notice. Users may submit a counter-notice as provided in 17 U.S.C. § 512(g)(3).
(d) Repeat Infringers. Fresent will terminate, in appropriate circumstances, the accounts of users who are repeat infringers.
(e) Safe Harbor Limitation. This policy does not apply to non-copyright claims.
13. Third-Party Services and Links
The Services may contain links to third-party websites or services that are not owned or controlled by Fresent. Fresent has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party websites or services. You further acknowledge and agree that Fresent shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods, or services available on or through any such websites or services.
14. Disclaimers of Warranties
THE SERVICES, INCLUDING ALL FRESENT CONTENT AND AI OUTPUT, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED. FRESENT AND ITS AFFILIATES, LICENSORS, AND SUPPLIERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.
FRESENT MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (III) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES WILL BE ACCURATE OR RELIABLE, (IV) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR EXPECTATIONS, OR (V) ANY ERRORS IN THE TECHNOLOGY WILL BE CORRECTED.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM FRESENT OR THROUGH OR FROM THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THIS AGREEMENT.
DUE TO THE NATURE OF ARTIFICIAL INTELLIGENCE AND MACHINE LEARNING, FRESENT DOES NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR RELIABILITY OF ANY AI OUTPUT. YOU ACKNOWLEDGE THAT AI OUTPUT MAY BE INCOMPLETE, INACCURATE, OR CONTAIN ERRORS, AND YOU AGREE TO USE AI OUTPUT AT YOUR OWN RISK. YOU ARE SOLELY RESPONSIBLE FOR REVIEWING AND VERIFYING THE ACCURACY AND APPROPRIATENESS OF ANY AI OUTPUT BEFORE RELYING ON OR USING IT.
15. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FRESENT, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, REVENUE, GOODWILL, USE, DATA, OR OTHER INTANGIBLE LOSSES (EVEN IF FRESENT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF OR RELATING TO:
(I) THE USE OR THE INABILITY TO USE THE SERVICES;
(II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION, OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICES;
(III) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR USER CONTENT;
(IV) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICES; OR
(V) ANY OTHER MATTER RELATING TO THE SERVICES.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FRESENT’S TOTAL CUMULATIVE LIABILITY TO YOU OR ANY THIRD PARTY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICES, FROM ALL CAUSES OF ACTION AND ALL THEORIES OF LIABILITY, WILL BE LIMITED TO AND WILL NOT EXCEED THE LESSER OF:
(A) THE TOTAL AMOUNT OF FEES PAID BY YOU TO FRESENT FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM DURING THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY; OR
(B) ONE HUNDRED U.S. DOLLARS ($100.00).
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE OR WITH THESE TERMS OF SERVICE, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE SERVICE.
16. Indemnification
You agree to defend, indemnify, and hold harmless Fresent, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of this Agreement or your use of the Services, including, but not limited to, your User Content, any use of the Fresent Content, AI Output, services, and products other than as expressly authorized in this Agreement, or your use of any information obtained from the Services.
17. Governing Law and Jurisdiction
This Agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the internal laws of the State of Wyoming without giving effect to any choice or conflict of law provision or rule.
Any legal suit, action, or proceeding arising out of, or related to, this Agreement or the Services shall be instituted exclusively in the federal courts of the United States or the courts of the State of Wyoming located in Sheridan. You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.
18. ARBITRATION AGREEMENT AND CLASS ACTION WAIVER
PLEASE READ THIS SECTION CAREFULLY – IT MAY SIGNIFICANTLY AFFECT YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
- Initial Dispute Resolution: We are available by email at legal[at]fresent.com to address any concerns you may have regarding your use of the Services. Most concerns may be quickly resolved in this manner. The parties shall use their best efforts to settle any dispute, claim, question, or disagreement directly through consultation and good faith negotiations which shall be a precondition to either party initiating a lawsuit or arbitration.
- Binding Arbitration: If the parties do not reach an agreed-upon solution within a period of thirty (30) days from the time informal dispute resolution is pursued pursuant to the immediately preceding paragraph, then either party may initiate binding arbitration. All claims arising out of or relating to this Agreement (including its formation, performance, and breach), the parties’ relationship with each other, and/or your use of the Services shall be finally settled by binding arbitration administered by the American Arbitration Association (AAA) in accordance with the provisions of its Commercial Arbitration Rules and the supplementary procedures for consumer-related disputes of the AAA, excluding any rules or procedures governing or permitting class actions.
- The arbitrator, and not any federal, state, or local court or agency, shall have exclusive authority to resolve all disputes arising out of or relating to the interpretation, applicability, enforceability, or formation of this Agreement, including, but not limited to, any claim that all or any part of this Agreement is void or voidable. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The arbitrator’s award shall be written and binding on the parties and may be entered as a judgment in any court of competent jurisdiction.
- The arbitration shall be conducted in Wyoming, and judgment on the arbitration award may be entered in any court having jurisdiction. Subject to the AAA Rules, the arbitrator may direct a limited and reasonable exchange of information between the parties, consistent with the expedited nature of the arbitration. If the AAA is not available to arbitrate, the parties will select an alternative arbitral forum. Subscriber’s responsibility to pay any AAA fees and costs will be solely set forth in the applicable AAA Rules. Subscriber and Fresent agree that all materials and documents exchanged during the arbitration proceedings shall be kept confidential and shall not be shared with anyone except the parties’ attorneys, accountants, or business advisors, and shall be subject to the condition that they agree to keep all materials and documents exchanged during the arbitration proceedings confidential.
- Class Action Waiver: The parties further agree that any arbitration shall be conducted in their individual capacities only and not as a class action or other representative action, and the parties expressly waive their right to file a class action or seek relief on a class basis. If any court or arbitrator determines that the class action waiver set forth in this paragraph is void or unenforceable for any reason or that an arbitration can proceed on a class basis, then the arbitration provision set forth above shall be deemed null and void in its entirety and the parties shall be deemed to have not agreed to arbitrate disputes.
- Exception – Small Claims Court Claims: Notwithstanding the parties’ agreement to resolve all disputes through arbitration, either party may seek relief in a small claims court for disputes or claims within the scope of that court’s jurisdiction.
- 30-Day Right to Opt-Out: You have the right to opt-out and not be bound by the arbitration and class action waiver provisions set forth above by sending written notice of your decision to opt-out to the following address: 30 N Gould Street, Sheridan, WY 82801. The notice must be sent within thirty (30) days of your first use of the Service; otherwise, you shall be bound to arbitrate disputes in accordance with the terms of those paragraphs. If you opt-out of these arbitration provisions, Fresent also will not be bound by them.
19. Statute of Limitations
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Services or this Agreement must be filed within one (1) year (or a shorter period as mandated by local law) after such claim or cause of action arose or be forever barred.
20. General Provisions
- Entire Agreement: This Agreement, together with the Privacy Policy and any Product-Specific Terms, constitutes the entire agreement between you and Fresent with respect to the Services and supersedes all prior or contemporaneous understandings and agreements, whether written or oral, with respect to the Services.
- Assignment: You may not assign this Agreement without the prior written consent of Fresent, but Fresent may assign or transfer this Agreement, in whole or in part, without restriction.
- Severability: If any provision of this Agreement is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Agreement will continue in full force and effect.
- Waiver: No waiver by Fresent of any term or condition set forth in this Agreement shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of Fresent to assert a right or provision under this Agreement shall not constitute a waiver of such right or provision.
- Force Majeure: Fresent shall not be liable for any failure to perform its obligations hereunder where such failure results from any cause beyond Fresent’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation, labor disputes, shortage of materials, war, fire, earthquake, typhoon, flood, natural disasters, governmental action, pandemic/epidemic, cloud-service provider outages, or any other event beyond the control of such party.
- Notices: Fresent may provide you with notices, including those regarding changes to this Agreement, by email, regular mail, postings on the Services, or other reasonable means now known or hereafter developed.
- Headings: The section titles in this Agreement are for convenience only and have no legal or contractual effect.
- No Agency: No agency, partnership, joint venture, or employment relationship is created as a result of this Agreement, and you do not have any authority of any kind to bind Fresent in any respect whatsoever.
- Contact Information: If you have any questions about this Agreement, please contact us at:
Fresent LLC
30 N Gould Street, Sheridan, WY 82801, USA