Terms of Use — Fundora Solutions

1. Agreement to Terms

By accessing or using the website located at www.fundorasolutions.com (the "Site"), you ("you," "your," or "Client") agree to be legally bound by these Terms of Use (the "Terms"). The Site is owned and operated by Fundora Solutions LLC, a Texas limited liability company doing business as Fundora Consulting ("Fundora," "we," "us," or "our").

If you do not agree with any part of these Terms, you must discontinue use of the Site immediately. We reserve the right to modify these Terms at any time. Continued use of the Site following any modification constitutes acceptance of the revised Terms. It is your responsibility to review these Terms periodically.

2. Description of Services

Fundora Solutions provides digital infrastructure, marketing systems, and ongoing management services for service-based businesses. Our offerings may include — but are not limited to — website development, booking and lead-capture infrastructure, review management, search presence management, reporting, and client portal access (collectively, the "Services").

The specific scope, deliverables, and terms of any engagement are defined exclusively in the applicable service agreement executed between Fundora Solutions and the Client. Nothing on this Site constitutes an offer or commitment to provide Services, and no client relationship is created by your use of the Site or submission of an inquiry form.

Any binding client relationship is established only through a separately executed written agreement signed by an authorized member of Fundora Solutions LLC.

3. No Guarantee of Results

Fundora Solutions makes no guarantees, representations, or warranties — express or implied — regarding specific outcomes, results, or performance metrics arising from the use of our Services. This includes, without limitation, any guarantee of increased traffic, revenue, leads, bookings, search rankings, review volume, or return on investment.

Digital marketing and systems infrastructure are influenced by numerous variables beyond our control, including but not limited to: search engine algorithm changes, market conditions, competitive dynamics, client responsiveness, client's own business operations, and third-party platform policies. Past performance or results achieved for other clients are not indicative of future outcomes.

Any case studies, testimonials, metrics, or projections referenced on this Site are provided for illustrative purposes only and do not constitute a promise or guarantee of similar results for any prospective or current client.

4. Client Responsibilities

Clients are responsible for providing timely, accurate, and complete information, content, and materials necessary for the performance of Services. This includes business information, photographs, access credentials, and responses to communications within a reasonable timeframe.

Fundora Solutions is not liable for delays, suboptimal results, or service disruptions caused by a Client's failure to provide required materials, respond to communications, grant necessary access, or fulfill obligations outlined in the applicable service agreement.

Clients are solely responsible for ensuring that any content, materials, or information they provide to Fundora Solutions does not infringe upon the intellectual property rights, privacy rights, or other legal rights of any third party. Client agrees to indemnify Fundora Solutions for any claims arising from Client-provided content.

5. Payment, Billing & Refund Policy

All fees, payment schedules, and billing terms are defined in the applicable service agreement between Fundora Solutions and the Client. By entering into a service agreement, Client agrees to pay all fees when due.

All payments are non-refundable. Once a payment is processed, it is considered earned upon receipt. This applies to setup fees, monthly retainer fees, and any other fees outlined in the service agreement. No refunds, credits, or chargebacks will be issued for services rendered, partially rendered, or available to be rendered during any billing period.

Fundora Solutions reserves the right to suspend or terminate Services for any account with an outstanding balance exceeding fifteen (15) days past due. Reinstatement may be subject to additional fees at our sole discretion.

6. Intellectual Property

All content on this Site — including text, graphics, logos, icons, images, design elements, code, page layouts, and the overall look and feel — is the exclusive property of Fundora Solutions LLC or its licensors, and is protected by applicable copyright, trademark, and other intellectual property laws.

You may not reproduce, distribute, modify, create derivative works from, publicly display, reverse-engineer, or otherwise exploit any content from this Site without prior written permission from Fundora Solutions LLC. The Fundora name, logo, and all associated brand marks are trademarks of Fundora Solutions LLC.

Ownership of deliverables created under a client engagement is governed exclusively by the applicable service agreement. In the absence of a written agreement stating otherwise, Fundora Solutions retains all intellectual property rights in any work product, systems, code, templates, and methodologies developed during an engagement.

7. Use of AI & Automated Tools

Fundora Solutions may utilize artificial intelligence tools, machine learning systems, automated software, and third-party AI platforms in the delivery of Services. This may include, without limitation, AI-assisted content generation, code generation, data analysis, image generation, and workflow automation.

While we exercise professional judgment in the use and review of AI-generated outputs, Fundora Solutions makes no representations or warranties regarding the accuracy, completeness, originality, or fitness for a particular purpose of any AI-generated content or output. AI tools are used as aids — not replacements — for professional expertise, and all deliverables are subject to human review.

Client acknowledges that AI-generated outputs may contain errors, inaccuracies, or unintended content, and that Fundora Solutions shall not be held liable for any damages arising from the use, reliance upon, or publication of AI-assisted deliverables once approved or accepted by Client.

8. Third-Party Services & Dependencies

The Services provided by Fundora Solutions rely on third-party platforms, tools, and infrastructure providers including, but not limited to: CRM and booking systems, cloud hosting and content delivery providers, search and analytics platforms, communication tools, domain registrars, and various software-as-a-service providers.

Fundora Solutions is not responsible for, and expressly disclaims all liability arising from: outages, downtime, data loss, security breaches, policy changes, API modifications, feature deprecation, price increases, or service discontinuation by any third-party provider. We do not control and cannot guarantee the availability, performance, security, or continued existence of any third-party service.

In the event a third-party service used in the delivery of our Services becomes unavailable, materially changes, or is discontinued, Fundora Solutions will make commercially reasonable efforts to identify and migrate to a suitable alternative, but does not guarantee uninterrupted service during such transition.

9. User Conduct

By using the Site, you agree not to: use the Site for any unlawful purpose or in violation of any applicable law; attempt to gain unauthorized access to any portion of the Site, its servers, or connected systems; interfere with or disrupt the proper functioning of the Site; submit false, misleading, or fraudulent information through any form; use automated tools, bots, or scripts to scrape, crawl, or extract data from the Site; or attempt to reverse-engineer, decompile, or disassemble any software or code used on the Site.

10. Disclaimer of Warranties

THE SITE AND ALL SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FUNDORA SOLUTIONS LLC DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO: IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

Fundora Solutions does not warrant that the Site or Services will be uninterrupted, error-free, secure, or free of viruses or other harmful components. We do not warrant the accuracy, reliability, or completeness of any content, information, or materials provided on or through the Site.

11. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUNDORA SOLUTIONS LLC, ITS MEMBERS, MANAGERS, EMPLOYEES, AGENTS, AND AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO: LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITIES, LOSS OF GOODWILL, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES — WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF FUNDORA SOLUTIONS LLC FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SITE, OR THE SERVICES EXCEED THE LESSER OF: (A) THE TOTAL FEES ACTUALLY PAID BY YOU TO FUNDORA SOLUTIONS IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

This limitation of liability applies regardless of whether the damages arise from: use or inability to use the Site or Services; unauthorized access to or alteration of your data; third-party conduct, service failures, or platform changes; AI-generated content or automated outputs; or any other matter relating to the Site or Services.

Fundora Solutions LLC is treated as a separate legal entity for all tax and liability purposes. All services are provided by Fundora Solutions LLC as a legal entity. No individual member, manager, or employee shall be held personally liable for any obligations, claims, or liabilities of the Company.

12. Indemnification

You agree to indemnify, defend, and hold harmless Fundora Solutions LLC, its members, managers, employees, agents, and affiliates from and against any and all claims, demands, losses, damages, liabilities, costs, and expenses (including reasonable attorneys' fees and court costs) arising out of or relating to: (a) your use of the Site; (b) your violation of these Terms; (c) your violation of any applicable law or regulation; (d) any content, materials, or information you provide to Fundora Solutions; or (e) your infringement of any third-party intellectual property, privacy, or other legal right.

13. Arbitration & Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.

Any dispute, claim, or controversy arising out of or relating to these Terms, the Site, or the Services — including the determination of the scope or applicability of this agreement to arbitrate — shall be resolved exclusively through binding arbitration administered in accordance with the rules of the American Arbitration Association ("AAA"). Arbitration shall take place in the State of Texas, and the arbitrator's decision shall be final and binding.

You agree that any arbitration shall be conducted on an individual basis only. You waive any right to participate in a class action, class arbitration, or any other representative proceeding. You also waive any right to a jury trial in any proceeding arising out of or relating to these Terms.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

14. Governing Law & Jurisdiction

These Terms are governed by and construed in accordance with the laws of the State of Texas, without regard to its conflict of law provisions. To the extent any matter is not subject to arbitration under Section 13, you consent to the exclusive jurisdiction and venue of the state and federal courts located in Travis County, Texas.

15. International Use

The Site is operated from the United States. If you access the Site from outside the United States, you do so at your own risk and are solely responsible for compliance with all applicable local, national, and international laws and regulations.

Fundora Solutions makes no representation that the Site, its content, or the Services are appropriate, available, or legally compliant in any jurisdiction outside the United States. We do not target or market Services to individuals or businesses in the European Economic Area, the United Kingdom, or other specific foreign jurisdictions, though we do not actively block access from such regions.

16. Service Term & Termination

Client engagements operate on a month-to-month retention basis unless otherwise specified in the applicable service agreement. Either party may terminate a service agreement in accordance with the termination provisions contained therein.

Fundora Solutions reserves the right to suspend or terminate your access to the Site at any time, with or without cause, and without prior notice. Upon termination of any engagement, Fundora Solutions has no obligation to maintain, export, or return any data, files, or content unless explicitly required by the applicable service agreement.

Sections 3 (No Guarantee of Results), 5 (Payment & Refund Policy), 6 (Intellectual Property), 7 (AI Disclaimer), 8 (Third-Party Dependencies), 10 (Disclaimer of Warranties), 11 (Limitation of Liability), 12 (Indemnification), 13 (Arbitration), and 14 (Governing Law) shall survive any termination or expiration of these Terms.

17. Accuracy of Information

We make reasonable efforts to keep the information on this Site accurate and current. However, we do not warrant that any content is complete, reliable, or free of errors. Pricing, service descriptions, tier structures, and availability are subject to change at any time without notice. In the event of a conflict between information on this Site and the terms of a signed service agreement, the service agreement shall control.

18. Severability

If any provision of these Terms is held by a court or arbitrator of competent jurisdiction to be unenforceable, invalid, or void, that provision shall be enforced to the maximum extent permissible, and the remaining provisions shall continue in full force and effect. The unenforceable provision shall be modified to the minimum extent necessary to make it enforceable while preserving the original intent.

19. Entire Agreement

These Terms, together with our Privacy Policy and any applicable service agreement, constitute the entire agreement between you and Fundora Solutions LLC with respect to the subject matter hereof. These Terms supersede all prior or contemporaneous communications, proposals, and representations, whether oral or written, with respect to the Site.

20. Contact

Questions regarding these Terms of Use should be directed to:

Fundora Solutions LLC
Email: [email protected]
Website: www.fundorasolutions.com