Terms of Service

These Terms of Service (the "Terms") govern your use of the website at fayneos.com, the academy platform hosted on subdomains of fayneos.com, and any related products, services, content, mobile or web applications, and APIs that link to these Terms (together, the "Service").

The Service is provided by Infoproduct Systems s.r.o., with registered office at Hellova 11/7, 040 11 Košice, Slovak Republic, Company ID No. 55186033, registered in the Commercial Register of the Municipal Court of Košice, Section: Sro, File No. 55913/V ("Fayne", "we", "us", or "our"). Contact: info@fayneos.com.

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Definitions

• "User" or "you" means any natural or legal person who accesses or uses the Service.
• "Consumer" means a User who is a natural person acting outside of their trade, business, craft, or profession.
• "Customer" means a User who has registered for a paid or trial subscription to the Service, including individuals, agencies, and businesses.
• "Student" means an end user who accesses an Academy operated by a Customer through the Service.
• "Academy" means a branded learning environment created and operated by a Customer using the Service, accessible at a Fayne-provided subdomain (e.g. yourname.fayneos.com) or a custom domain configured by the Customer.
• "Library" means the collection of pre-authored courses, lessons, and learning materials made available by Fayne for inclusion in Customer Academies.
• "Customer Content" means any content, data, branding, files, media (including video and audio), prompts, configurations, or other materials submitted, uploaded, generated, or transmitted to the Service by or on behalf of a Customer (including content forked or modified from the Library).
• "Student Data" means personal data and progress data of Students collected by the Service on behalf of a Customer, including Student interactions with AI features in the Customer's Academy.
• "Subscription" means a paid plan that grants access to the Service for a recurring billing period.
• "Offer" means a paid access arrangement (one-time or recurring) that a Customer creates in the Service to sell access to courses or other Academy content to Students, as described in Section 5.
• "AI Credits" means the plan-based units used to meter consumption of AI features in the Service, as described in Section 8.8.

2. Eligibility and Accounts

2.1 Eligibility

You must be at least 18 years old and have the legal capacity to enter into a binding contract to use the Service. The Service is not directed to children under 16, and we do not knowingly collect personal data from children under 16.

2.2 Registration

To access most features of the Service, you must create an account. You agree to provide accurate, current, and complete information during registration and to keep it up to date. You are responsible for safeguarding your password and for any activity that occurs under your account. Notify us immediately at info@fayneos.com if you believe your account has been compromised.

2.3 One account per User

Accounts may not be shared, sold, transferred, or used by automated means (bots, scrapers, headless browsers) except as expressly permitted by Fayne in writing or via a sanctioned API integration.

2.4 Team members

On plans that support additional team seats, you may invite additional administrators to help operate your Academies. Each team member must have their own account. You are responsible for the acts and omissions of team members you invite as if they were your own, and for removing their access when appropriate.

2.5 Authentication providers

Where Fayne offers third-party sign-in (e.g. Google), your use of those services is also governed by the third party's terms and privacy policy.

3. The Service

3.1 What Fayne provides

Fayne is a software-as-a-service platform that enables Customers to launch and operate a branded online academy by:

• generating courses, lessons, and Academy pages with AI-assisted tools (including from a website, documents, and instructions the Customer provides);
• selecting courses and lessons from the Library;
• customising lessons using AI-assisted editing tools and a block-based editor;
• creating original lessons, courses, and interactive widgets;
• hosting lesson media, including video and audio files uploaded by the Customer, and embedding third-party media (e.g. YouTube, Vimeo);
• branding the Academy (name, logo, colours, custom domain on eligible plans);
• inviting and managing Students;
• tracking Student enrolment, progress, and completion, and issuing completion certificates where the Customer enables them;
• engaging Students through announcement feeds, scheduled (drip) lesson release, and email notifications;
• offering Students an AI learning assistant, where the Customer enables it (Section 8.3);
• selling access to Academy content through Offers and the built-in checkout (Section 5); and
• programmatic access via API on eligible plans (Section 12).

3.2 What Fayne does not provide

Unless expressly stated in the relevant section of the Service or in a written agreement, Fayne does not provide:

• payment processing as a party to Customer–Student transactions: where a Customer sells through the built-in checkout, payments are processed by Stripe on the Customer's own connected Stripe account, and Fayne is not a bank, payment institution, money transmitter, or the merchant of record (see Section 5);
• live video streaming, webinars, or conferencing (the Service hosts uploaded video files and supports embedded third-party media);
• discussion forums, peer communities, or private messaging between Students (announcement feeds with Student reactions are provided);
• accredited qualifications: completion certificates issued through the Service are records of completion within an Academy, not accredited educational or professional credentials; or
• legal, tax, accounting, financial, medical, or other professional advice.

3.3 Beta and early-access features

Fayne may label certain features as "beta", "preview", or "early access". Such features are provided "as is" without warranty of any kind and may be modified or discontinued at any time without notice or liability.

4. Subscriptions, Trials, Billing, and Refunds

4.1 Plans

Fayne offers tiered Subscriptions, the features and limits of which are set out on the pricing page within the Service. Plan limits (including but not limited to number of Academies, published courses, knowledge sources, team seats, custom domains, and monthly AI Credits) are part of the Subscription and may be enforced through technical means.

4.2 Free trial

Fayne may offer a free trial or preview period (currently seven (7) days; extended trial durations may be offered, for example for referred sign-ups). Unless the specific trial offer states otherwise at sign-up, no payment method is required to start a trial and you will not be charged automatically when the trial ends. If you do not purchase a Subscription by the end of the trial, your access converts to a limited free state and your Academy may be deactivated until you subscribe. Where a specific trial offer does require payment details, the terms displayed at sign-up (including whether the trial converts automatically to a paid Subscription) apply to that trial. Trial duration and terms may change for new sign-ups.

4.3 Billing and auto-renewal

Subscriptions are billed in advance on a recurring basis (monthly or annually, depending on your selection). Subscriptions automatically renew at the end of each billing period at the then-current rate until cancelled. By providing a payment method, you authorise Fayne and its payment processor to charge that method for all fees due.

4.4 Taxes

All fees are exclusive of applicable taxes (VAT, sales tax, GST, etc.), which will be added where required by law and shown at checkout or on your invoice.

4.5 Failed payments

If a payment fails, we may suspend access to the Service, retry the charge, downgrade your plan, or terminate your account, in each case after reasonable notice where required by law.

4.6 Cancellation

You may cancel a Subscription at any time from your account settings or by contacting info@fayneos.com. Cancellation takes effect at the end of the current billing period. You will continue to have access to paid features until the end of that period.

4.7 No refunds for partial periods

Except where required by law, all fees are non-refundable, including for partial billing periods, unused time, unused AI Credits, or features not used. We do not provide refunds or credits for downgrades or cancellations mid-period.

4.8 EU consumer right of withdrawal — express waiver for digital content

In accordance with Section 7(6)(l) of Slovak Act No. 102/2014 Coll. and Article 16(m) of EU Directive 2011/83/EU, by registering for the Service and starting to use it (including by activating a free trial or paid Subscription), you, as a Consumer, expressly request that Fayne begin performance of the contract immediately and expressly acknowledge that, once such performance has begun, you lose your statutory right of withdrawal for the digital service. You confirm that you have been informed of and consent to this loss of withdrawal right.

This waiver does not affect any other statutory rights of Consumers that cannot be excluded under mandatory law.

4.9 Price changes

We may change Subscription prices. Price changes for an existing Subscription will be communicated at least 30 days in advance and will take effect at the start of the next billing period after that notice. Continued use of the Service after a price change constitutes acceptance.

5. Selling to Students

5.1 Offers and the built-in checkout

The Service allows you to sell access to your Academy content by creating Offers — one-time purchases or recurring (subscription) plans — with optional coupons and guest checkout. The built-in checkout is powered by Stripe: to sell through it, you must connect your own Stripe account to the Service. Your use of Stripe is governed by your agreement with Stripe, including the Stripe Connected Account Agreement (which includes the Stripe Services Agreement).

5.2 You are the seller and merchant of record

Sales made through your Offers are transactions between you and your Students. Payments are processed as charges on your own connected Stripe account, and payouts are made by Stripe directly to you. Fayne is not a party to these transactions, is not the merchant of record, and does not hold, control, or disburse Student payments.

5.3 Platform fee

Where you sell through the built-in checkout, a plan-based platform fee is applied to each payment at the time of charge, collected automatically through Stripe. Current platform fee rates are set out on the pricing page (at the date of these Terms: 5% on Starter, 3% on Pro, 0% on Scale). The platform fee is applied to payments, never to payouts. Stripe's own payment-processing fees are separate and are governed by your agreement with Stripe. If you collect payment from your Students outside the Service (for example through your existing billing) and grant access via invitations or the API, no Fayne platform fee applies.

5.4 Your obligations to your Students

As the seller, you are solely responsible for:

• the content, pricing, description, and delivery of everything you sell;
• complying with all laws applicable to your sales, including consumer-protection, distance-selling, and e-commerce laws in your Students' jurisdictions (including, where your Students are EU Consumers, their statutory information and withdrawal rights);
• taxes on your sales (including collecting and remitting VAT/sales tax where required; where available and configured, Stripe Tax may assist, but responsibility remains yours);
• your own terms of sale, refund policy, receipts, and any required notices to Students; and
• handling Student refunds, complaints, disputes, and chargebacks.

5.5 Student subscriptions

Recurring Offers create ongoing obligations between you and your Students. You are responsible for honouring, servicing, and (where requested or required) cancelling and refunding Student subscriptions.

5.6 Effect of suspension or termination

If your account or Subscription is suspended, terminated, or downgraded, the ability to sell through your Offers may cease and Student access to your Academies may be interrupted. You remain solely responsible for your commitments to your Students, including any refunds required by law or by your own terms of sale. This Section 5.6 survives termination.

6. Customer Content

6.1 Ownership

You retain all rights you have in Customer Content. Nothing in these Terms transfers ownership of Customer Content to Fayne.

6.2 Licence to Fayne

You grant Fayne a worldwide, non-exclusive, royalty-free, sub-licensable licence to host, store, reproduce, modify (for technical purposes such as resizing, formatting, and routing through sub-processors), transmit, display, and otherwise process Customer Content solely for the purposes of providing, securing, maintaining, and improving the Service for you. This licence ends when you delete the relevant Customer Content or terminate your account, except to the extent retention is required by law or for legitimate operational purposes (e.g. backups, fraud prevention, accounting records).

6.3 Your warranties

You represent and warrant that:

• you own or have all necessary rights, licences, consents, and permissions to upload, store, and use the Customer Content through the Service (including any video, audio, images, and documents you upload);
• Customer Content (and its use through the Service) does not infringe the intellectual property, privacy, publicity, or other rights of any third party;
• Customer Content does not violate any law, regulation, or these Terms; and
• you have obtained all necessary consents from Students before submitting Student Data to the Service.

6.4 Forked Library content

When you select a Library lesson, the Service may create a reference to the master version. When you edit a Library lesson, the Service may create your own forked copy. Forks of Library content remain subject to the underlying licence from Fayne described in Section 7, and Fayne retains ownership of the original Library content. Your edits and additions to a fork are Customer Content that you own.

6.5 Removal

We may remove, suspend, or restrict access to any Customer Content that we reasonably believe violates these Terms, applicable law, or third-party rights, with or without prior notice depending on the severity and circumstances. We will use reasonable efforts to notify you when we do so.

7. Library and Fayne Intellectual Property

7.1 Library licence to Customers

Subject to your continued compliance with these Terms and payment of all applicable fees, Fayne grants you a limited, non-exclusive, non-transferable, non-sub-licensable, revocable licence to:

• access and use the Library within the Service;
• include Library courses and lessons in your Academies;
• modify Library lessons using the Service's editing tools to create forked copies for use in your Academies; and
• present Library content (as included or forked) to your Students within your Academies.

7.2 Restrictions on Library use

You may not, and you may not permit any third party (including Students) to:

• download, export, or extract Library content other than as offered by the Service;
• redistribute, resell, sublicense, syndicate, or make Library content available outside an Academy operated through the Service;
• use Library content to train any machine-learning model, large language model, or other AI system;
• remove, obscure, or alter any copyright or proprietary notices in the Library; or
• claim authorship of or independent ownership in the underlying Library content.

The licence to a particular Library item ends when (a) the item is removed from the Library by Fayne, (b) your Subscription terminates, or (c) you remove the item from your Academies.

7.3 Fayne's intellectual property

The Service, the Library (other than your Customer Content), Fayne's name and logo, and all software, designs, graphics, text, templates, and other materials provided by Fayne are owned by or licensed to Fayne and are protected by intellectual property laws. All rights not expressly granted to you are reserved.

7.4 Feedback

If you provide suggestions, ideas, or feedback about the Service ("Feedback"), you grant Fayne a perpetual, irrevocable, worldwide, royalty-free, sub-licensable licence to use the Feedback for any purpose without obligation or compensation to you.

8. AI-Assisted Features

8.1 AI features in the Service

Parts of the Service use third-party AI models to provide, among other things:

• generation of courses, lessons, and Academy pages (including AI-assisted web research on sources you provide);
• AI-assisted editing and customisation of lessons, widgets, and pages;
• image generation for lesson and Academy content;
• synthesized audio narration ("read-aloud") of lessons; and
• an AI learning assistant available to Students where you enable it (Section 8.3).

8.2 Data processed by AI providers

When you (or, for the learning assistant, your Students) use AI features, the following data may be transmitted to AI providers for processing:

• the content of the lesson, block, page, or course being worked on;
• prompts, instructions, questions, and context provided by the user;
• website content, documents, and knowledge sources you submit for generation or grounding;
• relevant metadata about your Academy (such as segment or industry) needed to produce useful output; and
• Fayne system instructions.

Fayne uses a range of third-party AI model providers and AI infrastructure — currently including Anthropic, Google, OpenAI, DeepSeek, Moonshot AI, Perplexity, MiniMax, and Replicate, accessed directly or through routing infrastructure (currently Vercel's AI Gateway). The specific providers and models used for a given feature may change as we improve the Service; the current list of AI sub-processors is described in our Privacy Policy and available on request at info@fayneos.com.

8.3 The AI learning assistant (Student-facing)

Where you enable the AI learning assistant in your Academy, Students can ask questions and receive answers grounded in the published content they have access to and the knowledge sources you have provided. You acknowledge and agree that:

• assistant conversations are recorded and stored by the Service, and are visible to you as the Academy operator, including questions the assistant flags for your attention;
• you are responsible for informing your Students that the assistant is AI-powered and that conversations are stored and visible to you, and for covering this processing in your own privacy notices (see Section 9);
• Student messages to the assistant consume your AI Credits, and per-Student usage caps may apply; and
• the assistant is a learning aid — Section 8.5 (no warranty on AI output) applies to its answers, and you should instruct Students not to submit sensitive personal data to it.

8.4 No automated decisions about people

AI features in the Service are tools that you direct and review. They are used to assist with content and learning support and not to make automated decisions producing legal or similarly significant effects concerning any individual within the meaning of Article 22 GDPR. You are responsible for reviewing and approving AI-generated output before publishing or relying on it.

8.5 No warranty on AI output

AI-generated content may be inaccurate, incomplete, biased, outdated, or unsuitable for your use case. You must independently verify any AI-generated content before relying on it or making it available to Students. Fayne does not guarantee the accuracy, correctness, completeness, originality, or fitness for purpose of any AI-generated output, including answers given by the AI learning assistant.

8.6 Your responsibility for prompts and outputs

You may not use AI features to generate content that violates these Terms, applicable law, or third-party rights, including content that is unlawful, defamatory, fraudulent, harassing, hateful, sexually explicit, or that infringes intellectual property or privacy rights. You are responsible for the prompts you submit and for the use you make of the outputs.

8.7 Provider terms

Use of AI features is subject to the applicable AI providers' terms and usage policies. Fayne does not have a special data-retention or zero-retention arrangement with AI providers unless expressly stated in writing. Standard provider data retention and security practices apply; see our Privacy Policy for further detail.

8.8 AI Credits and usage limits

AI features are metered through a monthly allocation of AI Credits included in your plan. Different features consume different amounts of AI Credits, and consumption rates may change as underlying costs change. Unused AI Credits do not roll over and have no monetary value. AI features are additionally subject to fair-use limits and rate limits, which we may change to protect the integrity, security, and economics of the Service.

9. Student Data — Roles under Data Protection Law

When you use the Service to host an Academy and enrol Students, you act as the data controller with respect to Student Data, and Fayne acts as your data processor within the meaning of Article 4 GDPR. Student Data includes enrolment and progress data, and — where you enable the relevant features — Student conversations with the AI learning assistant and records of Student purchases made through your Offers.

You are responsible for:

• having a lawful basis for processing Student Data;
• providing Students with all required notices and obtaining all required consents, including in relation to AI features you enable (such as the stored, operator-visible learning-assistant conversations described in Section 8.3) and analytics operating in your Academy;
• responding to Student requests to exercise their rights (access, deletion, portability, etc.); and
• complying with applicable data-protection law in relation to Student Data.

Fayne will process Student Data only on your documented instructions, including as set out in these Terms, our Privacy Policy, and any Data Processing Addendum we make available to you. A Data Processing Addendum is available to Customers on request to info@fayneos.com.

10. Subdomains and Custom Domains

10.1 Fayne-provided subdomains

When you create an Academy, you may select a subdomain on a Fayne-controlled domain (such as fayneos.com). The subdomain is provided as part of the Service for so long as your Subscription is active and your account is in good standing. You do not acquire any ownership, trademark, or other rights in the underlying domain.

10.2 Recycling and reservation

We may reserve, refuse, recycle, or reclaim subdomains that:

• are not used for an active Academy after a reasonable period;
• belong to terminated, suspended, or unpaid accounts;
• impersonate Fayne, third parties, or known brands;
• contain offensive, deceptive, or unlawful terms; or
• conflict with Fayne's operational, security, or trademark interests.

10.3 Custom domains

If your plan supports custom domains, you are responsible for obtaining, configuring, and maintaining the domain (including DNS and domain registration). You authorise Fayne to issue and renew TLS/SSL certificates for any domain you point to the Service.

11. Acceptable Use

You agree not to do, and not to permit or enable any third party (including Students) to do, any of the following:

11.1 Misuse of the Service

• access, tamper with, or use non-public areas of the Service, Fayne's computer systems, or the technical delivery systems of Fayne's providers;
• probe, scan, or test the vulnerability of any Fayne system or breach any security or authentication measure;
• attempt to decipher, decompile, disassemble, or reverse-engineer any of the software comprising the Service, except as expressly permitted by law;
• interfere with, or disrupt, the access of any user, host, or network;
• use the Service in a way that exceeds reasonable usage, imposes an unreasonable load on the Service, or otherwise interferes with normal operation;
• use any robot, spider, scraper, or other automated means to access or extract data from the Service except via a Fayne-sanctioned API and within published rate limits;
• circumvent any rate limits, plan limits, or access controls.

11.2 Prohibited content and conduct

• upload, distribute, or share content that is unlawful, infringing, defamatory, fraudulent, deceptive, harassing, threatening, hateful, discriminatory, sexually explicit, exploitative of minors, or that incites violence;
• impersonate any person or entity, or misrepresent your affiliation with a person or entity;
• send unsolicited communications, promotions, advertising, spam, or chain messages through the Service;
• use the Service to send malware, viruses, trojans, worms, ransomware, or other malicious code;
• use the Service to phish, scrape personal data, or otherwise harvest information about other users;
• use the Service in any way that infringes any intellectual property right, trade secret, right of privacy or publicity, or other right of any third party;
• use the Service to develop a competing product or service, or to benchmark, copy, or replicate the Service.

11.3 Commerce misuse

• use the built-in checkout or Offers to sell anything unlawful, fraudulent, or deceptive, or anything that violates Stripe's prohibited and restricted business terms;
• misrepresent what Students receive, or make earnings, outcome, or credential claims you cannot substantiate;
• structure transactions to evade the platform fee on payments processed through the built-in checkout.

11.4 AI and Library misuse

• use Library content or AI-generated outputs to train, fine-tune, or otherwise improve any third-party machine-learning model;
• represent that AI-generated content was independently authored where this would mislead Students or third parties about a material matter;
• generate content that violates the usage policies of any AI provider integrated with the Service.

11.5 Resale and white-label limits

You may operate Academies for your own clients (including under your own brand on plans that support white-labelling). You may not, however, resell raw Service capacity or sub-license access to the Service itself to third parties as a hosting, infrastructure, or platform service, or in any way that competes with Fayne.

We may take any action we consider appropriate to protect Fayne, our users, and third parties from breaches of this Section 11, including warning you, suspending or terminating your account, removing content, throttling usage, and reporting unlawful conduct to authorities.

12. API and Developer Access

12.1 API keys

On eligible plans, the Service provides API access authenticated by API keys. API keys are confidential credentials: you are responsible for keeping them secret, for all activity performed with them, and for rotating or revoking them if you suspect compromise.

12.2 Connected tools

The Service may allow you to authorise external applications and AI tools to act on your account (for example via OAuth-based integrations that can read and edit your Academy content). Anything such a tool does within the scope you granted is attributed to you. Fayne does not control and is not responsible for third-party tools you connect; review what you authorise and revoke access you no longer need.

12.3 Limits and changes

API and integration access is subject to rate limits, plan availability, and these Terms (including Section 11). We may modify, throttle, suspend, or revoke API and integration access to protect the integrity, security, and economics of the Service, with notice where reasonably possible.

13. Third-Party Services and Integrations

The Service may interoperate with third-party services, websites, applications, or content (e.g. authentication providers, embedded video, payment processors, analytics, automation tools). Your use of any third-party service is governed solely by the terms and privacy policy of that third party. Fayne does not endorse, control, or assume responsibility for any third-party service. Where you choose to enable an integration, you authorise the relevant data flows between the Service and that third party.

If you connect a Stripe account to the Service to accept payments, Section 5 applies and you agree to be bound by the Stripe Connected Account Agreement, which includes the Stripe Services Agreement.

14. Service Availability, Modifications, and Discontinuation

14.1 Availability

We aim to keep the Service available, but the Service is provided on a commercially reasonable best-efforts basis and we do not guarantee uninterrupted, error-free, or secure operation. We may temporarily suspend the Service for maintenance, upgrades, security, or operational reasons, with notice where reasonably possible.

14.2 Modifications

We may add, change, or remove features, functionality, or limits of the Service at any time. We will use reasonable efforts to notify Customers of material adverse changes and, where required by law, to give an opportunity to terminate.

14.3 Discontinuation

We may discontinue all or part of the Service. Where we discontinue a paid feature you actively use, we will provide reasonable notice and, where appropriate, the ability to export Customer Content in a commonly used format.

15. Suspension and Termination

15.1 Termination by you

You may terminate your account at any time by following the cancellation steps in Section 4.6.

15.2 Termination or suspension by Fayne

We may suspend or terminate your account or your access to the Service (in whole or in part), with or without notice, if:

• you breach these Terms or any other agreement with Fayne;
• your use of the Service creates a risk of harm to Fayne, other users, or third parties;
• your account is inactive for an extended period;
• you fail to pay fees when due; or
• we are required to do so by law or by an order of a competent authority.

15.3 Effect of termination

Upon termination:

• your right to access and use the Service ends;
• sales through your Offers cease and Student access to your Academies may end, with the consequences described in Section 5.6;
• we may delete or de-identify your Customer Content and Student Data after a reasonable retention period;
• accrued payment obligations survive;
• Sections 5.6, 6.2, 6.3, 7.3, 7.4, 8.5, 8.6, 9, 16, 17, 18, 20, 21, and 22 survive.

15.4 Data export

Where the Service offers an export tool, you may use it to retrieve Customer Content prior to termination. We have no obligation to retain Customer Content following termination beyond what is required by law or stated in our Privacy Policy.

16. Disclaimers

To the maximum extent permitted by applicable law, the Service, the Library, AI-generated outputs, and all related content are provided "as is" and "as available" without warranties of any kind, whether express, implied, statutory, or otherwise. Without limiting the foregoing, Fayne expressly disclaims all warranties of merchantability, satisfactory quality, fitness for a particular purpose, accuracy, non-infringement, and any warranties arising from course of dealing or usage of trade.

We do not warrant that:

• the Service will meet your requirements or be available uninterrupted, secure, or error-free;
• defects will be corrected;
• the Service or any servers it runs on are free of viruses or other harmful components;
• any content (including Library or AI-generated content) is accurate, current, or reliable; or
• the Service will produce any specific business, educational, or financial outcome (including any level of sales through your Offers).

Some jurisdictions do not allow the disclaimer of certain warranties, so some of the above disclaimers may not apply to you. Mandatory statutory rights of Consumers are not affected.

17. Limitation of Liability

To the maximum extent permitted by applicable law:

• No indirect damages. Neither Fayne nor its officers, directors, employees, contractors, agents, suppliers, or licensors will be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, or for any loss of profits, revenue, goodwill, business opportunity, anticipated savings, data, or content, however caused and on any theory of liability (contract, tort, negligence, strict liability, or otherwise), even if advised of the possibility of such damages.
• Liability cap. Fayne's aggregate liability for all claims arising out of or relating to the Service or these Terms in any twelve (12) month period will not exceed the greater of (a) the amount actually paid by you to Fayne for the Service in the twelve (12) months preceding the event giving rise to the claim, or (b) one hundred euros (EUR 100).

Nothing in these Terms limits or excludes liability that cannot be limited or excluded under applicable law, including (where applicable) liability for fraud, fraudulent misrepresentation, gross negligence, intentional misconduct, or death or personal injury caused by negligence.

18. Indemnification

You agree to defend, indemnify, and hold harmless Fayne, its affiliates, and its respective officers, directors, employees, contractors, agents, suppliers, and licensors from and against any and all claims, demands, liabilities, damages, losses, costs, and expenses (including reasonable legal fees) arising out of or related to:

• your access to or use of the Service;
• your Customer Content;
• your Academies, your Students, and your relationship with your Students;
• your Offers and any sale of content or services to Students (including consumer-law, tax, refund, and chargeback matters);
• your breach of these Terms or any applicable law; or
• your violation of any third-party right (including intellectual property, privacy, and publicity rights).

Fayne reserves the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify Fayne, in which case you agree to cooperate with Fayne's defence of such claim.

19. Notices and Communications

We may send notices and communications to you via email (to the address associated with your account), through the Service interface, or by other reasonable means. You are responsible for keeping your contact information accurate. Notices to Fayne should be sent to info@fayneos.com.

20. Changes to these Terms

We may update these Terms from time to time. Material changes will be communicated by email or through the Service at least 14 days before they take effect, except where a shorter period is required for legal, security, or regulatory reasons. Your continued use of the Service after the effective date of the updated Terms constitutes acceptance. If you do not agree to the updated Terms, you must stop using the Service and may terminate your account in accordance with Section 4.6.

21. General

21.1 Entire agreement

These Terms, together with our Privacy Policy, Cookie Policy, any order form, plan description, or addendum we make available to you, and — if you participate in the Fayne Partner Program — the Partner Program Terms, constitute the entire agreement between you and Fayne with respect to the Service and supersede any prior or contemporaneous communications.

21.2 No assignment

You may not assign or transfer these Terms or any rights or obligations under them, in whole or in part, without Fayne's prior written consent. Fayne may assign these Terms to an affiliate or in connection with a merger, acquisition, reorganisation, or sale of substantially all of its assets.

21.3 No waiver

Failure by Fayne to enforce any provision of these Terms is not a waiver of that provision. Any waiver must be in writing.

21.4 Severability

If any provision of these Terms is held to be invalid or unenforceable, that provision will be enforced to the maximum extent permissible and the remaining provisions will remain in full force and effect.

21.5 No third-party beneficiaries

These Terms do not create any third-party beneficiary rights.

21.6 Force majeure

Fayne is not liable for any failure or delay in performance caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, labour disputes, government action, internet or telecommunications failures, energy or supply shortages, pandemics, fire, flood, or other natural disasters.

21.7 Relationship

Nothing in these Terms creates any agency, partnership, joint venture, or employment relationship between you and Fayne.

22. Governing Law and Dispute Resolution

22.1 Governing law

These Terms and any dispute arising out of or in connection with them or the Service are governed by the laws of the Slovak Republic, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

22.2 Jurisdiction

Subject to Section 22.3 and any mandatory rules protecting Consumers in their country of habitual residence, the courts having jurisdiction over the registered office of Fayne (Košice, Slovak Republic) have exclusive jurisdiction over any dispute arising out of or in connection with these Terms or the Service.

22.3 Amicable resolution

Before initiating any formal proceedings, we ask that you first contact us at info@fayneos.com to attempt an amicable resolution. We will use reasonable efforts to respond and resolve the matter without undue delay.

22.4 Alternative dispute resolution for Consumers (EU)

As a Consumer in the European Union, you have the right to use alternative dispute resolution (ADR) to resolve disputes with Fayne. The competent ADR body in Slovakia is the Slovak Trade Inspection (Slovenská obchodná inšpekcia):

Slovenská obchodná inšpekcia, Ústredný inšpektorát SOI, P. O. BOX 29, Bajkalská 21/A, 827 99 Bratislava 27, Slovak Republic.

Online form: https://www.soi.sk/sk/alternativne-riesenie-spotrebitelskych-sporov.soi

You may also use the European Commission's online dispute-resolution platform at https://ec.europa.eu/consumers/odr.

22.5 Complaint procedure

You may submit a complaint to info@fayneos.com. We will acknowledge receipt without undue delay and aim to resolve straightforward complaints within 30 days.

23. Contact

Infoproduct Systems s.r.o. Hellova 11/7, 040 11 Košice, Slovak Republic Company ID No.: 55186033 Commercial Register: Municipal Court of Košice, Section: Sro, File No. 55913/V Email: info@fayneos.com

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