Feradel, LLC Terms of Use

Effective Date: July 21, 2026

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING ANY FERADEL SERVICE.

These Terms of Use (“Terms”) constitute a binding agreement between you and Feradel, LLC (“Feradel,” “we,” “us,” or “our”). These Terms govern your access to and use of https://www.feradel.com, Feradel-hosted websites, software applications, application programming interfaces, portals, integrations, communications tools, document-processing systems, electronic-signature services, calendars, file-storage systems, workflow tools, and all other products or services made available by Feradel (collectively, the “Services”).

In these Terms, “you” and “your” refer to the individual accessing the Services and, when the Services are accessed on behalf of a business, law firm, organization, governmental entity, or other legal entity, also refer to that entity. “Customer” means the individual or entity that purchases, subscribes to, administers, or is contractually responsible for an account. “Authorized User” means a person permitted by a Customer to access the Services.

By accessing or using the Services, creating an account, accepting an order, purchasing a subscription, invoking an API, or clicking a button indicating acceptance, you agree to these Terms and represent that you have authority to bind yourself and any entity on whose behalf you act.

If you do not agree to these Terms, you must not access or use the Services.

Eligibility and authority

You represent and warrant that:

• You are at least eighteen years of age;
• You are legally capable of entering into a binding contract;
• You are not prohibited from using the Services under applicable law;
• All registration and account information you provide is accurate and complete; and
• If you use the Services on behalf of an organization, you have authority to bind that organization to these Terms.

The Feradel Services

Feradel provides cloud-based software, platform services, APIs, integrations, communications systems, workflow tools, document and file services, and related technology. Feradel products may include, without limitation:

• FeraMatters, for matter, case, contact, client, task, workflow, and operational management;
• FeraCal, for calendars, appointments, leads, events, reminders, tasks, scheduling, and CalDAV-related functionality;
• FeraChat, for website communications, Slack-related connectivity, messaging, and related APIs;
• FeraEmail, for template-based and automated email communications;
• FeraSign, for electronic signatures, signature requests, document routing, and audit records;
• FeraRender, for document rendering, conversion, template processing, and generated files;
• FeraFiles, for file storage, organization, delivery, and access;
• FeraSurvey, for questionnaires, surveys, responses, and structured data collection;
• FeraLink, for managed links, redirection, tracking, and related services;
• Authentication, authorization, licensing, usage-management, webhook, API, and integration services; and
• Other products or services introduced, renamed, combined, modified, or discontinued by Feradel.

Product descriptions are intended to provide a general overview. The exact features, limits, availability, support, storage, usage allocations, and functionality associated with a Service are determined by the applicable order, subscription level, product page, written agreement, account configuration, or in-product description.

Additional terms

Certain Services may be subject to an order form, service agreement, data-processing addendum, business associate agreement, acceptable-use policy, service-level agreement, API documentation, product-specific terms, subscription terms, or other supplemental terms (“Additional Terms”).

The Additional Terms are incorporated into these Terms by reference. If there is a conflict, the Additional Terms control with respect to the particular Service or transaction addressed by them.

Accounts and account security

You may be required to create an account to access some Services. You agree to provide accurate, current, and complete information and to promptly update that information when it changes.

You are responsible for:

• Maintaining the confidentiality of usernames, passwords, API keys, access tokens, recovery codes, and other credentials;
• All activity conducted through your account or credentials;
• Using reasonable administrative, technical, and physical security measures;
• Restricting access to authorized persons;
• Promptly disabling access for former employees, contractors, or other unauthorized users; and
• Immediately notifying Feradel of suspected unauthorized access, credential compromise, or security incidents.

You may not use another person’s account or credentials without authorization. You may not share credentials in a manner that circumvents applicable user, seat, licensing, or subscription limits.

Feradel may temporarily restrict, suspend, or require reauthentication of an account when Feradel reasonably suspects unauthorized access, fraud, abuse, credential compromise, or a threat to the Services or another user.

Organizational accounts

If your account is created, purchased, assigned, or administered by an employer, law firm, business, organization, or other Customer, that Customer may control the account and its associated data.

Authorized administrators may be able to:

• Add, remove, suspend, or restrict users;
• Assign roles, permissions, products, and licenses;
• Access account activity, audit records, files, messages, and Customer Content;
• Configure security, authentication, retention, and integrations;
• Export, transfer, or delete Customer Content; and
• Otherwise administer the Customer’s use of the Services.

Feradel is not responsible for decisions made by a Customer’s authorized administrator.

Free tiers, trials, and promotional access

Feradel may offer free tiers, trials, demonstrations, previews, promotional access, sandbox environments, development environments, beta access, or other limited-use versions of the Services.

Free or promotional access may be subject to reduced storage, reduced functionality, usage limits, lower rate limits, limited support, shorter retention periods, restricted integrations, or other limitations.

Unless otherwise stated, no payment card is required for a free tier. When the applicable monthly or periodic usage allocation is exhausted, Feradel may suspend, restrict, throttle, delay, or disable further use of the affected Service until the allocation resets or the Customer purchases additional capacity or upgrades its subscription.

Feradel may modify or discontinue a free tier, trial, promotional offering, beta feature, or preview at any time. Free and trial Services are provided without any service-level commitment.

Subscriptions, plans, and usage limits

Paid Services may be offered through monthly, annual, usage-based, per-user, per-instance, per-transaction, custom, or other subscription plans.

Subscription plans may include limits based on users, instances, storage, files, documents, signatures, messages, emails, surveys, renderings, API requests, bandwidth, compute time, recipients, integrations, transactions, or other usage measurements.

You may not circumvent or attempt to circumvent a usage limit, licensing restriction, rate limit, access control, metering mechanism, or plan restriction.

Feradel may measure and record usage to administer subscriptions, enforce limits, calculate charges, prevent abuse, allocate system resources, and improve the Services.

Fees and payment

You agree to pay all fees associated with your selected Services, subscription, order, or usage. Except where otherwise stated, fees are quoted and payable in United States dollars.

You authorize Feradel and its payment processors to charge the payment method associated with your account for:

• Subscription fees;
• Renewal fees;
• Usage-based charges;
• Additional users, instances, capacity, or features;
• Applicable taxes; and
• Other amounts authorized under an order or applicable plan.

Unless otherwise stated in an order or required by law, fees are due in advance and are nonrefundable.

Feradel may suspend or restrict access for overdue amounts. Suspension does not eliminate the Customer’s obligation to pay amounts already incurred or contractually committed.

Automatic renewal

Unless otherwise stated, paid subscriptions automatically renew for successive periods equal to the initial subscription period until canceled.

You authorize Feradel to charge the then-current renewal price and applicable taxes to the payment method associated with your account.

You must cancel before the renewal date to avoid charges for the next subscription period. Cancellation takes effect at the end of the then-current paid period unless otherwise stated.

Taxes

Fees do not include sales, use, value-added, withholding, excise, or similar taxes unless expressly stated. You are responsible for applicable taxes arising from your purchase or use of the Services, excluding taxes based on Feradel’s net income.

If you are legally required to withhold an amount from a payment, you must provide documentation reasonably requested by Feradel and, unless prohibited by law, increase the payment so that Feradel receives the amount it would have received without the withholding.

Customer Content

“Customer Content” means information, data, text, files, documents, images, templates, messages, calendar entries, contacts, signatures, recordings, submissions, prompts, outputs, and other materials submitted to, transmitted through, stored in, or generated through the Services by or for a Customer or Authorized User.

As between Feradel and the Customer, the Customer retains its ownership rights in Customer Content.

You grant Feradel and its service providers a worldwide, nonexclusive, limited license to host, store, copy, transmit, process, display, modify, format, render, convert, and otherwise use Customer Content solely as reasonably necessary to:

• Provide and operate the Services;
• Perform requested transactions and integrations;
• Generate requested documents, messages, files, or outputs;
• Maintain security and prevent abuse;
• Provide support and troubleshoot errors;
• Comply with applicable law and lawful process; and
• Exercise Feradel’s rights and obligations under these Terms.

This license continues for as long as Customer Content remains within the Services and for a reasonable period thereafter in backups, logs, archives, or systems maintained for legal, security, or disaster-recovery purposes.

Responsibility for Customer Content

You represent and warrant that:

• You own Customer Content or have all rights, permissions, notices, consents, and lawful bases necessary to submit and process it;
• Customer Content does not infringe or violate the rights of any person;
• Your collection and use of Customer Content comply with applicable law;
• You will not use the Services to unlawfully disclose confidential, privileged, protected, or regulated information; and
• You are responsible for the accuracy, quality, legality, and appropriateness of Customer Content.

Feradel does not independently verify the accuracy, completeness, ownership, legality, or reliability of Customer Content.

Sensitive and regulated information

Unless expressly authorized by a written agreement or product-specific terms, you may not use the Services to process:

• Classified or national-security information;
• Complete payment-card information outside designated payment fields;
• Protected health information subject to HIPAA;
• Consumer-report information regulated by the Fair Credit Reporting Act;
• Criminal justice information subject to specialized governmental controls;
• Biometric identifiers requiring specialized consent or compliance measures; or
• Other information subject to industry-specific or heightened regulatory requirements.

You are responsible for determining whether a Service is appropriate for the information you intend to process.

Confidential information

Each party may receive nonpublic information that is identified as confidential or that reasonably should be understood to be confidential under the circumstances (“Confidential Information”).

The receiving party will:

• Use Confidential Information only to exercise rights or perform obligations relating to the Services;
• Protect it using at least reasonable care;
• Disclose it only to persons who need access and are subject to appropriate confidentiality obligations; and
• Not disclose it to another person except as authorized or legally required.

Confidential Information does not include information that the receiving party can demonstrate was lawfully known without restriction, independently developed without use of the disclosing party’s information, publicly available through no breach, or lawfully received from another source without confidentiality obligations.

Privacy

Feradel’s Privacy Policy explains how Feradel collects, uses, discloses, and protects personal information. The Privacy Policy is incorporated into these Terms by reference.

You may review the Privacy Policy at https://www.feradel.com/privacy-policy/.

Customer compliance obligations

Customers are responsible for providing legally required notices, obtaining legally required consents, responding to data-subject requests, establishing appropriate retention periods, administering user access, and otherwise complying with laws applicable to their use of the Services.

Feradel’s provision of a feature does not constitute a representation that the Customer’s use of that feature complies with every law, rule, professional obligation, court requirement, contractual duty, or industry standard applicable to the Customer.

Professional and legal use

Feradel is a software company and is not a law firm, accounting firm, medical provider, financial adviser, fiduciary, records custodian, court, governmental agency, or professional-services provider.

Feradel does not provide legal, tax, accounting, medical, financial, or other professional advice. Software-generated documents, templates, calculations, workflows, recommendations, summaries, and outputs are tools and must be reviewed by a qualified user before reliance or use.

No attorney-client, accountant-client, physician-patient, fiduciary, or other professional relationship is created between Feradel and a user through access to or use of the Services.

Customers who use the Services to provide professional services remain solely responsible for their professional judgment, supervision, advice, filings, communications, deadlines, conflicts, confidentiality obligations, and compliance with professional rules.

Artificial intelligence and automated features

Certain Services may include artificial intelligence, machine-assisted drafting, classification, extraction, recommendation, summarization, document generation, or other automated features.

Automated and AI-generated outputs may be inaccurate, incomplete, outdated, biased, unsuitable, or inconsistent. You must independently review and verify outputs before using, filing, transmitting, publishing, signing, or relying upon them.

You may not represent that an automated output was prepared, reviewed, approved, or verified by Feradel.

Unless otherwise stated in a written agreement or product-specific disclosure, Feradel does not use Customer Content submitted through paid business accounts to train a publicly available general-purpose artificial-intelligence model.

Feradel may use aggregated, de-identified, diagnostic, performance, security, and usage information to operate and improve the Services.

Electronic signatures

FeraSign and related Services may permit users to request, apply, transmit, or record electronic signatures and electronic records.

You are responsible for determining:

• Whether an electronic signature is legally permitted and appropriate for the transaction;
• Whether each signer has authority and capacity to sign;
• Whether legally required disclosures and consents have been provided;
• Whether the document is complete and accurate;
• Whether additional witnessing, notarization, authentication, filing, or retention requirements apply; and
• Whether the generated audit information satisfies your legal, evidentiary, or business requirements.

Feradel does not guarantee that an electronic signature, record, audit trail, or authentication method will be accepted by every court, agency, institution, counterparty, or jurisdiction.

Communications services

Certain Services may permit users to send emails, text messages, chat messages, reminders, notifications, invitations, signature requests, surveys, or other communications.

You are solely responsible for:

• The content and recipients of communications;
• Obtaining required consent;
• Maintaining accurate suppression, unsubscribe, and do-not-contact records;
• Complying with the Telephone Consumer Protection Act, CAN-SPAM Act, state marketing laws, privacy laws, and similar requirements;
• Providing required sender identification and notices; and
• Ensuring that communications are not deceptive, abusive, unlawful, or unsolicited.

Feradel may block, throttle, suspend, or refuse communications that appear unlawful, abusive, fraudulent, misleading, harmful, or likely to impair system reputation or deliverability.

APIs, integrations, and developer access

Feradel may provide APIs, software development kits, webhooks, authentication services, technical documentation, and developer tools.

You agree to:

• Use APIs only as documented and authorized;
• Protect API keys, credentials, tokens, and secrets;
• Comply with applicable rate limits, usage limits, and security requirements;
• Not interfere with, overload, scrape, probe, test, or disrupt the Services;
• Not use APIs to circumvent user interfaces, fees, restrictions, or subscription limits;
• Promptly update integrations when required for security or compatibility; and
• Comply with applicable third-party platform terms.

Feradel may modify, version, restrict, deprecate, or discontinue an API or integration. Feradel will use commercially reasonable efforts to provide advance notice of material changes when reasonably practicable.

Third-party services and integrations

The Services may connect to or depend upon third-party websites, applications, hosting providers, identity services, communications platforms, payment processors, storage providers, calendar providers, email providers, artificial-intelligence providers, or other services.

Your use of a third-party service is governed by that third party’s terms and privacy policy. Feradel does not control and is not responsible for the availability, accuracy, security, privacy, functionality, acts, omissions, or content of an independent third party.

Feradel may disable an integration when necessary to protect security, comply with law, respond to a third-party requirement, prevent abuse, or preserve Service reliability.

Acceptable use

You may use the Services only for lawful purposes and in accordance with these Terms.

You may not use the Services to:

• Violate any law, regulation, court order, contractual duty, or legally enforceable right;
• Infringe copyright, trademark, patent, trade-secret, privacy, publicity, or other rights;
• Transmit malware, ransomware, viruses, worms, destructive code, or harmful files;
• Gain or attempt to gain unauthorized access to any system, network, account, or data;
• Probe, scan, or test vulnerabilities without express written authorization;
• Interfere with, disrupt, overload, degrade, or circumvent the Services;
• Send spam, unlawful marketing, fraudulent messages, phishing communications, or deceptive content;
• Impersonate another person or misrepresent your identity, authority, or affiliation;
• Harass, threaten, defame, exploit, or unlawfully discriminate against another person;
• Distribute obscene, abusive, hateful, exploitative, or unlawful content;
• Facilitate illegal surveillance, credential theft, fraud, unauthorized data collection, or cyberattacks;
• Reverse engineer, decompile, disassemble, copy, translate, or create derivative works from the Services except where expressly permitted by law;
• Resell, sublicense, lease, timeshare, or commercially exploit the Services except under a written partner or reseller agreement;
• Use automated means to scrape or extract data except through an authorized API;
• Remove or alter copyright, trademark, attribution, or proprietary notices;
• Benchmark or publicly evaluate the Services for competitive purposes without written consent;
• Use the Services to develop or improve a directly competing product through unauthorized extraction or replication; or
• Assist another person in doing any prohibited act.

Monitoring and enforcement

Feradel may monitor technical usage, logs, traffic patterns, security events, resource consumption, and account activity to operate the Services, enforce these Terms, investigate abuse, protect users, and comply with law.

Feradel may remove or restrict access to content or activity that Feradel reasonably believes:

• Violates these Terms;
• Is unlawful or infringes another person’s rights;
• Threatens security, system integrity, or Service availability;
• Could expose Feradel or another person to liability; or
• Is necessary to restrict in response to lawful process.

Feradel is not obligated to monitor all Customer Content and does not assume responsibility for content submitted by users.

Service availability and changes

Feradel may update, modify, replace, restrict, suspend, or discontinue any Service or feature. Feradel may perform scheduled or emergency maintenance and may impose reasonable technical limits.

The Services may be unavailable because of maintenance, internet failures, telecommunications failures, cloud-provider interruptions, cyberattacks, third-party outages, force-majeure events, or other circumstances outside Feradel’s reasonable control.

Unless an applicable service-level agreement expressly provides otherwise, Feradel does not guarantee uninterrupted availability or any specific uptime, delivery time, response time, processing time, storage duration, or recovery period.

Beta and preview services

Beta, preview, experimental, early-access, development, and test Services may be incomplete, unstable, unavailable, or subject to material change.

You use beta or preview Services at your own risk. They are provided without warranties, service-level commitments, or any obligation to continue development or general availability.

You should not use beta Services for production workloads, irreplaceable data, legally required records, or time-sensitive operations unless Feradel expressly authorizes that use in writing.

Backups and data export

You are responsible for maintaining appropriate independent copies and backups of Customer Content.

Although Feradel may use backup and disaster-recovery systems, those systems are not a substitute for Customer-controlled backups and do not guarantee that Customer Content can be restored.

Where supported, Customers should periodically export information necessary for business continuity, legal compliance, and records retention.

Ownership of the Services

Feradel and its licensors own all right, title, and interest in and to the Services, including:

• Software and source code;
• APIs and developer tools;
• Interfaces, layouts, workflows, and designs;
• Documentation and training materials;
• Templates provided by Feradel;
• Logos, icons, graphics, and branding;
• Databases, compilations, and system architecture;
• Algorithms, models, methods, and processes; and
• Improvements, updates, and derivative works.

Except for the limited rights expressly granted under these Terms, no right, title, license, or interest is transferred to you.

Limited license

Subject to your compliance with these Terms and payment of applicable fees, Feradel grants you a limited, revocable, nonexclusive, nontransferable, nonsublicensable right to access and use the applicable Services during the authorized subscription period for your internal business or personal purposes.

This license does not permit resale, redistribution, hosting for third parties, service-bureau use, sublicensing, unauthorized copying, or commercial exploitation of the Services.

Generated outputs and documents

Subject to applicable law, third-party rights, and payment of applicable fees, Feradel does not claim ownership of the specific documents, files, messages, or other outputs generated solely from Customer Content through the Customer’s authorized use of the Services.

Feradel retains ownership of all underlying software, templates, structures, methods, rendering systems, models, reusable components, and technology used to produce an output.

Generated outputs may contain similarities to outputs generated for others, particularly where standardized forms, public information, common language, or shared templates are used.

Feedback

If you provide suggestions, ideas, recommendations, enhancement requests, or other feedback, you grant Feradel a perpetual, irrevocable, worldwide, royalty-free, transferable, sublicensable right to use, reproduce, modify, commercialize, and otherwise exploit that feedback without restriction or compensation.

This provision does not grant Feradel ownership of Customer Content submitted solely for processing through the Services.

Trademarks

Feradel, the Feradel logo, FeraMatters, FeraCal, FeraChat, FeraEmail, FeraSign, FeraRender, FeraFiles, FeraSurvey, FeraLink, and related names, logos, designs, product names, and service marks are trademarks or trade dress of Feradel or its licensors.

You may not use Feradel’s names, logos, marks, or branding without prior written permission, except for accurate nominative references to Feradel or the Services.

Copyright complaints

Feradel respects intellectual-property rights and may remove or restrict access to material that is alleged to infringe a copyright.

A copyright-infringement notice should include:

1. A physical or electronic signature of the copyright owner or authorized agent;
2. Identification of the copyrighted work claimed to have been infringed;
3. Identification and location of the allegedly infringing material;
4. Your name, mailing address, telephone number, and email address;
5. A statement that you have a good-faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
6. A statement, under penalty of perjury, that the notice is accurate and that you are authorized to act for the copyright owner.

Notices may be sent to:

Copyright Agent
Feradel, LLC
107 E. Market Street
Leesburg, Virginia 20176
Email: copyright@feradel.com

A person who knowingly submits a materially false infringement claim or counter-notice may be liable under applicable law.

Suspension

Feradel may immediately suspend or restrict access to some or all Services when Feradel reasonably determines that:

• You have breached these Terms or Additional Terms;
• Payment is overdue;
• Your use creates a security risk or threatens another person;
• Your use may subject Feradel or another person to liability;
• Your use is fraudulent, abusive, excessive, or unlawful;
• Suspension is required by law or a third-party provider; or
• Suspension is necessary to protect the Services.

When reasonably practicable, Feradel will provide notice and an opportunity to cure before suspension. Feradel may act immediately when delay could cause harm, legal exposure, security risk, or Service disruption.

Termination by you

You may stop using the Services at any time. A Customer may cancel a subscription through the account interface or by following the cancellation procedure stated in the applicable order or product terms.

Unless otherwise required by law or stated in an order, cancellation does not entitle you to a refund or credit for unused time, prepaid fees, purchased capacity, or committed charges.

Termination by Feradel

Feradel may terminate these Terms, an account, or access to the Services:

• For a material breach that is not cured within a reasonable period after notice;
• Immediately for unlawful, fraudulent, abusive, or dangerous conduct;
• For nonpayment;
• If continuing the Services would violate law or a third-party obligation;
• If the Customer becomes insolvent, enters bankruptcy, or ceases business operations; or
• As otherwise permitted by an applicable order or Additional Terms.

Effect of termination

Upon expiration or termination:

• Your right to access and use the affected Services ends;
• Outstanding amounts become immediately due;
• Feradel may disable associated accounts, credentials, APIs, and integrations;
• Customer Content may be deleted in accordance with Feradel’s retention practices and applicable agreements; and
• Provisions that by their nature should survive will remain in effect.

You are responsible for exporting Customer Content before termination. Feradel is not obligated to retain or provide Customer Content after the applicable retention period expires.

Disclaimer of warranties

TO THE FULLEST EXTENT PERMITTED BY LAW, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.”

FERADEL DISCLAIMS ALL EXPRESS, IMPLIED, STATUTORY, AND OTHER WARRANTIES, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, SECURITY, QUIET ENJOYMENT, AND RESULTS.

Feradel does not warrant that:

• The Services will be uninterrupted, error-free, secure, or always available;
• Defects or errors will be corrected;
• The Services will satisfy every legal, professional, technical, or business requirement;
• Customer Content will never be lost, altered, intercepted, or accessed without authorization;
• Generated outputs will be accurate, complete, current, enforceable, admissible, or suitable for a particular use;
• Messages, emails, files, signature requests, notifications, or other communications will be delivered, received, opened, accepted, or acted upon; or
• Third-party services or integrations will remain available or function as expected.

You are responsible for evaluating whether the Services are suitable for your intended use and for implementing appropriate review, backup, security, compliance, and business-continuity procedures.

Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY LAW, FERADEL AND ITS MEMBERS, MANAGERS, OFFICERS, EMPLOYEES, CONTRACTORS, LICENSORS, SERVICE PROVIDERS, AND AFFILIATES WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES.

This exclusion includes damages arising from:

• Lost profits, revenue, business, goodwill, or opportunities;
• Loss, alteration, corruption, or unauthorized disclosure of data;
• Business interruption or system downtime;
• Failure to meet a deadline;
• Undelivered or misdirected communications;
• Reliance on generated or automated outputs;
• Third-party services or integrations;
• Security incidents or unauthorized account access; or
• The cost of substitute services.

TO THE FULLEST EXTENT PERMITTED BY LAW, FERADEL’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF: (A) THE AMOUNT PAID BY THE CUSTOMER TO FERADEL FOR THE AFFECTED SERVICE DURING THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY; OR (B) ONE HUNDRED DOLLARS IF THE SERVICES WERE PROVIDED WITHOUT CHARGE.

These limitations apply regardless of the legal theory asserted and even if Feradel was advised that damages were possible.

Some jurisdictions do not permit certain exclusions or limitations. In those jurisdictions, these provisions apply only to the maximum extent permitted by law.

Indemnification

To the fullest extent permitted by law, you agree to defend, indemnify, and hold harmless Feradel and its members, managers, officers, employees, contractors, service providers, licensors, and affiliates from claims, liabilities, damages, judgments, losses, penalties, costs, and expenses, including reasonable attorneys’ fees, arising from or relating to:

• Your Customer Content;
• Your use or misuse of the Services;
• Your violation of these Terms or Additional Terms;
• Your violation of applicable law;
• Your infringement or violation of another person’s rights;
• Your communications, transactions, professional services, or dealings with another person;
• Your failure to obtain legally required consent or authorization; or
• Activity conducted through your account or credentials.

Feradel will provide reasonable notice of an indemnified claim and may control the defense and settlement. You may not settle a claim in a manner that imposes liability, admissions, obligations, or restrictions upon Feradel without Feradel’s written consent.

Dispute resolution by binding arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR RIGHT TO A JURY TRIAL AND YOUR ABILITY TO PARTICIPATE IN A CLASS OR REPRESENTATIVE ACTION.

Informal dispute resolution

Before initiating arbitration or litigation, the complaining party must provide written notice describing the dispute, the supporting facts, and the requested relief.

A notice to Feradel must be sent to:

Notice of Dispute
Feradel, LLC
107 E. Market Street
Leesburg, Virginia 20176
Email: legal@feradel.com

The parties will attempt in good faith to resolve the dispute informally for thirty days after receipt of the notice before commencing arbitration, except where immediate injunctive relief is reasonably necessary.

Agreement to arbitrate

Except for matters expressly excluded below, you and Feradel agree that any dispute, claim, or controversy arising out of or relating to the Services, these Terms, an order, a subscription, advertising, privacy, billing, or the relationship between you and Feradel will be resolved through final and binding arbitration before a single arbitrator.

The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

The arbitration will be administered by the American Arbitration Association under the applicable Commercial Arbitration Rules or Consumer Arbitration Rules, as determined by the nature of the transaction and claim.

Unless the parties agree otherwise, the arbitration may be conducted remotely, by written submissions, or in Loudoun County, Virginia, subject to any mandatory consumer-arbitration location protections.

The arbitrator may award any individual relief that a court could lawfully award but may not award relief for persons who are not parties to the arbitration.

Small claims and excluded claims

Either party may bring an eligible individual claim in small claims court.

Either party may seek temporary or preliminary injunctive relief in a court of competent jurisdiction to prevent unauthorized access, misuse, intellectual-property infringement, data compromise, or other immediate and irreparable harm.

Nothing in these Terms prevents a person from reporting a matter to a governmental or regulatory agency.

Class-action waiver

YOU AND FERADEL AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF, CLAIMANT, CLASS MEMBER, OR REPRESENTATIVE IN A CLASS, COLLECTIVE, CONSOLIDATED, MASS, PRIVATE-ATTORNEY-GENERAL, OR REPRESENTATIVE ACTION.

Unless both parties agree in writing, the arbitrator may not consolidate the claims of more than one person or preside over any representative proceeding.

If a court determines that a particular claim or request for relief cannot lawfully be subject to this waiver, that claim or request will be severed and resolved by the court after all arbitrable claims have been completed.

Jury-trial waiver

TO THE EXTENT A DISPUTE PROCEEDS IN COURT RATHER THAN ARBITRATION, YOU AND FERADEL KNOWINGLY AND VOLUNTARILY WAIVE ANY RIGHT TO A TRIAL BY JURY TO THE FULLEST EXTENT PERMITTED BY LAW.

Governing law

These Terms and any dispute arising from them are governed by the laws of the Commonwealth of Virginia, without regard to conflict-of-law principles, except to the extent federal law governs.

The United Nations Convention on Contracts for the International Sale of Goods does not apply.

Court venue

For any dispute not subject to arbitration, the parties consent to exclusive jurisdiction and venue in the state courts located in Loudoun County, Virginia, or the United States District Court having jurisdiction over Loudoun County, Virginia.

Export controls and sanctions

You may not access, use, export, re-export, transfer, or make the Services available in violation of United States export-control, trade-sanctions, or import laws.

You represent that you are not located in, organized under the laws of, ordinarily resident in, or acting for a country or territory subject to comprehensive United States sanctions and that you are not a prohibited or restricted party.

Government users

The Services are commercial computer software and commercial computer-software documentation. Government users receive only the rights customarily provided to other users under these Terms, unless a written government contract expressly provides otherwise.

Accessibility

Feradel seeks to make its websites and Services accessible to users with disabilities. Users who experience difficulty accessing a portion of the Services may contact support@feradel.com for assistance.

Communications and electronic notices

You consent to receive electronic communications from Feradel, including communications sent by email, account notification, application interface, or posting through the Services.

Electronic communications satisfy any legal requirement that a communication be in writing, to the extent permitted by law.

You are responsible for maintaining a current email address and reviewing notices delivered through your account.

Telephone and text inquiries

By submitting a telephone number to Feradel, you authorize Feradel to contact you at that number regarding your inquiry, account, transaction, requested demonstration, support request, or Services.

Marketing calls or text messages will be made only as permitted by applicable law and subject to any legally required consent. Consent to marketing communications is not a condition of purchasing the Services unless expressly stated and legally permitted.

Changes to these Terms

Feradel may revise these Terms from time to time. Revised Terms will be posted through the Services with an updated effective date.

When changes are material, Feradel may provide additional notice by email, account notification, or another reasonable method.

Your continued use of the Services after revised Terms become effective constitutes acceptance of the revised Terms. Changes will not retroactively alter the arbitration treatment of a dispute for which Feradel received written notice before the effective date of the change.

Assignment

You may not assign or transfer these Terms, an account, or rights to the Services without Feradel’s prior written consent.

Feradel may assign these Terms in connection with a merger, acquisition, reorganization, financing, sale of assets, affiliate restructuring, or transfer of the applicable Services.

Force majeure

Feradel is not liable for delay or failure caused by circumstances beyond its reasonable control, including natural disasters, fire, flood, severe weather, epidemic, pandemic, war, terrorism, civil unrest, labor disputes, governmental action, power failure, internet or telecommunications failure, cloud-provider outage, cyberattack, or third-party service disruption.

No waiver

A party’s failure to enforce a provision is not a waiver of that provision or any other provision. A waiver is effective only when stated in writing and signed by the party granting it.

Severability

If a provision of these Terms is found invalid or unenforceable, it will be enforced to the maximum extent permitted, and the remaining provisions will remain in effect.

No third-party beneficiaries

Except as expressly stated, these Terms do not create rights for any person or entity other than you and Feradel.

Headings

Headings are provided for convenience and do not affect interpretation.

Entire agreement

These Terms, the Privacy Policy, applicable orders, and Additional Terms constitute the entire agreement between you and Feradel concerning the Services and supersede prior or contemporaneous communications concerning the same subject.

A purchase order or similar document issued by a Customer is for administrative convenience only. Additional or conflicting terms contained in such a document do not modify the parties’ agreement unless expressly accepted in a writing signed by Feradel.

Contact information

Questions concerning these Terms may be directed to:

Feradel, LLC
107 E. Market Street
Leesburg, Virginia 20176
Website: https://www.feradel.com
Support: support@feradel.com
Legal notices: legal@feradel.com

Acknowledgment

BY ACCESSING OR USING THE SERVICES, CREATING AN ACCOUNT, PURCHASING A SUBSCRIPTION, OR ACCEPTING AN ORDER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREED TO THESE TERMS OF USE.