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Terms and Conditions

These Terms of Service ("Terms" or "Agreement") constitute a legally binding agreement between Fundas LLC ("Fundas", "we", "us", or "our") and the commercial entity or individual ("Merchant", "Customer", or "you") subscribing to, installing, accessing, or utilizing the RiseIQ application, platform, API, and associated services (the "Service").

BY CLICKING "INSTALL", APPROVING CHARGES VIA AN APP STORE/MARKETPLACE, OR ACCESSING THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND SUCH ENTITY.

 

1. Cloud SaaS Provision & Multi-Platform License

1.1  Cloud-Hosted License

Subject to timely payment of applicable fees and adherence to this Agreement, Fundas grants Merchant a non-exclusive, non-transferable, non-sub-licensable, revocable right to access and use the RiseIQ hosted cloud software solely for internal business e-commerce operations.

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1.2  Platform Compatibility

RiseIQ is architected to integrate with supported e-commerce platforms (including Shopify, BigCommerce, WooCommerce, and other supported systems). Merchant acknowledges that integration features remain subject to the availability, rate limits, and platform rules of respective third-party ecosystems.

 

1.3  No On-Premises Installation

The Service is provided solely as a multi-tenant cloud-hosted SaaS. No source code, binary distributions, or on-premises server installations are provided or permitted.

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2. Data Rights, In-Transit Marketing Lookups, and Privacy

2.1  Ownership of Merchant Data

As between the parties, Merchant owns and retains all right, title, and interest in and to its raw store data, product catalogs, customer transaction histories, and customer databases ("Merchant Data"). Fundas claims no intellectual property ownership over Merchant Data.

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2.2  Processing License

Merchant grants Fundas a worldwide, limited-term license to access, ingest, parse, and analyze Merchant Data via platform APIs and storefront scripts solely as necessary to provide, optimize, and support the RiseIQ Service.

 

2.3  In-Transit Processing Authorization

Merchant acknowledges that RiseIQ stores only non-PII and pseudonymous customer transaction records in its primary databases. Merchant expressly authorizes RiseIQ scripts to execute ephemeral, real-time lookups of customer email addresses in volatile memory solely to dispatch predictive segments, event properties, and recommendation payloads to Merchant's connected third-party marketing tools (e.g., Klaviyo).

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2.4  Compliance Warranty

Merchant represents and warrants that it has complied with all applicable privacy, electronic communications, and data protection laws (including GDPR, CCPA/CPRA, CAN-SPAM, and CASL) and has secured all necessary consumer notices and consents prior to synchronizing customer data.

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3. Third-Party Platforms, App Stores, and Integrations

3.1  App Store Terms

Where Merchant installs RiseIQ via an app marketplace (e.g., Shopify App Store, BigCommerce Apps Marketplace, WooCommerce Extensions), Merchant agrees to comply with all applicable terms, developer guidelines, and marketplace rules of that platform.

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3.2  Third-Party Integrations

Merchant acknowledges that third-party integrations (e.g., Klaviyo) are operated independently. Fundas is not responsible for the uptime, data processing standards, pricing, or modifications of third-party platforms.

4. Fees, Platform-Managed Billing, and Free Trials

4.1  Platform-Managed Billing (Shopify & BigCommerce)

For merchants installing RiseIQ on platforms with native marketplace billing (including Shopify via the Shopify Billing API and BigCommerce via the BigCommerce Marketplace Billing), all subscription charges, recurring cycles, upgrades, downgrades, and trial terms are billed, collected, and managed directly by the respective platform on your platform invoice. Fundas does not collect or process your credit card directly.

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4.2  Direct Billing

For direct subscriptions outside managed app stores, fees are billed on a recurring basis via our authorized merchant payment gateway.

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4.3  Free Trials & Auto-Renewal

Any promotional free trial period provides access under the terms of this Agreement. Unless uninstalled or canceled in your platform admin prior to the trial expiration, recurring subscription billing will commence automatically through your platform billing account at the selected plan tier.

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5. Usage Restrictions and Acceptable Use

Merchant shall not, directly or indirectly:

  •  Decompile, reverse engineer, disassemble, decrypt, or attempt to derive the source code, underlying algorithms, or proprietary logic of RiseIQ.

  •  Sub-license, resell, lease, distribute, or operate RiseIQ as a commercial service bureau or white-labeled engine without express written authorization.

  •  Circumvent, disable, or tamper with security features, rate limits, or API usage thresholds.

  •  Introduce malicious code, viruses, worms, or automated scraping mechanisms into the Service infrastructure.

6. Intellectual Property

Fundas LLC and its licensors retain all right, title, interest, copyright, patent, trademark, and trade secret rights in and to the RiseIQ application, machine learning algorithms, scoring models, user interfaces, documentation, APIs, and all derivative works or improvements thereof.

7. AI & Predictive Models Disclaimer

​7.1  As-Is Provision

As-Is Provision: THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

 

7.2  Predictive Estimates

​RiseIQ utilizes predictive statistical algorithms to calculate estimated metrics (including Customer Lifetime Value forecasts, churn probabilities, and recommended products). Merchant acknowledges that predictive calculations are statistical estimates based on historical inputs. Fundas does not guarantee specific revenue gains, conversion rate increases, retention targets, or business outcomes.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

  •  IN NO EVENT SHALL FUNDAS LLC, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES (INCLUDING LOSS OF REVENUE, PROFITS, GOODWILL, STORE DOWNTIME, OR DATA CORRUPTION), REGARDLESS OF THE THEORY OF LIABILITY (CONTRACT, TORT, NEGLIGENCE, OR OTHERWISE), EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

  •  FUNDAS LLC'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE USE OF RISEIQ SHALL NOT EXCEED THE TOTAL AMOUNT ACTUALLY PAID BY MERCHANT TO FUNDAS UNDER THIS AGREEMENT IN THE THREE (3) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO LIABILITY.

9. Indemnification

Merchant agrees to defend, indemnify, and hold harmless Fundas LLC, its officers, directors, and employees from and against any third-party claims, damages, liabilities, losses, and legal expenses arising out of: (a) Merchant's breach of this Agreement; (b) Merchant's violation of applicable consumer protection, privacy, or marketing laws; or (c) Merchant Data processed through the Service.

10. Suspension and Termination

10.1  Termination by Merchant

Merchant may terminate this Agreement at any time by uninstalling the RiseIQ application from its e-commerce platform admin or canceling active subscription billing through the platform app manager.

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10.2  Suspension & Termination by Fundas

Fundas reserves the right to suspend or terminate access immediately if Merchant breaches any provision of this Agreement, fails to maintain an active paid subscription, or engages in actions that jeopardize platform security.

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10.3  Post-Termination

Upon termination, all license rights cease immediately, API connections are terminated, and data deletion procedures will follow Section 5 of our Privacy Policy.

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11. Governing Law and Exclusive Jurisdiction

This Agreement shall be governed by, construed, and enforced in accordance with the substantive laws of the State of Florida, United States, without regard to its conflict of law principles. The parties agree that any legal suit, action, or proceeding arising out of or relating to this Agreement shall be instituted exclusively in the state or federal courts situated in Broward County, Florida, and each party irrevocably submits to the exclusive personal jurisdiction of such courts.

12. General Provisions

12.1  Entire Agreement

This Agreement, together with the Privacy Policy and any applicable Data Processing Agreement, constitutes the entire agreement between the parties concerning its subject matter.

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12.2  Severability

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

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12.3  Force Majeure

Neither party shall be liable for delays or failures in performance resulting from events beyond reasonable control, including cloud provider outages, natural disasters, or governmental actions.

13. Contact & Legal Notices

Fundas LLC
Attention: Legal Affairs
Website: https://www.fundas.ai
Email: hello@fundas.ai

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