Fypro Terms of Service

1. Acceptance of Terms

These Terms of Service (“Terms”) constitute a legally binding agreement between Genstore Inc. (“Genstore,” “we,” “our,” or “us”), the owner and operator of Fypro, and you, the individual or legal entity accessing or using the fypro.ai website, platform, products, tools, and related services, including any AI-powered features made available through fypro.ai (collectively, the “Services”). If you operate a Storefront, you are responsible for providing any buyer-facing terms, privacy notices, product disclosures, and policies required for your own sales, marketing, and customer relationship activities.

By accessing or using the Services, you acknowledge that you have read, understood, and agree to be bound by these Terms. If you are using the Services on behalf of a company or other legal entity, you represent and warrant that you have authority to bind that entity to these Terms, in which case “you” and “your” refer to that entity.

By creating an account, clicking “I Agree,” or otherwise accessing or using the Services (as defined below), you represent that: (a) you have read, understood, and agree to be bound by these Terms and our Privacy Policy (incorporated herein by reference); (b) you have the legal authority to enter into this agreement on behalf of yourself or the entity you represent; and (c) you are at least 18 years of age.

IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICES.

If you are accessing the Services on behalf of a legal entity, you represent and warrant that you are authorized to bind that entity to these Terms, and references to “you” shall include that entity.

Additional Agreements. Certain features of the Services are governed by additional, separately presented agreements that you must accept to use those features, including:

• Drop Pay Terms means the ledger, settlement, fee-deduction, and payout facilitation functionality made available by Genstore Inc. or its affiliate for eligible DS and POD transactions, subject to the Drop Pay Terms.

In the event of a conflict between these Terms and any such additional agreement, the additional agreement controls with respect to its subject matter.

2. Definitions

“Account” means the account you create to access and use the Services.

“Connectors” means integrations that allow the Services to access and interact with third-party platforms, including TikTok.

“Content” means all information, data, text, files, images, video, audio, and other materials that you submit, upload, transmit, or otherwise make available through the Services.

“Creator” means a user of the Services, including individuals and legal entities that operate a Storefront.

“Drop Pay” means the unified ledger and payment service operated by Genstore Inc. that handles ledger management, fee deduction, settlement, and payout for DS and POD transactions, subject to the Drop Pay Terms of Service.

“DS” or “Dropshipping” means a fulfillment model under which products selected by you from a third-party catalog are shipped directly by the supplier to the buyer without the Creator holding inventory.

“Intellectual Property Rights” means all patents, copyrights, trademarks, trade secrets, and other intellectual property or proprietary rights recognized under applicable law.

“POD” means print-on-demand, a fulfillment model under which products are produced and shipped on a per-order basis by a third-party print provider.

“Output” means content, files, text, or other materials generated by AI-assisted features in response to your instructions.

“Services” means the Fypro platform, website (fypro.ai), Storefront tools, content creation tools, Connectors, AI-assisted features (where available), and all related features and tools provided by Genstore Inc., but excludes Drop Pay to the extent governed by their own separate agreements.

“Storefront” means the buyer-facing site, profile link, product link, or leads link that you create and operate through the Services.

“Subscription Plan” means the pricing tier you select, where applicable.

“Third-Party Services” means external platforms and services not owned or operated by Fypro.

3. Description of Services

3.1 Creator Platform

Fypro provides a creator commerce platform that enables social media creators to: (a) build and operate a Storefront; (b) select and list products through DS and POD arrangements; (c) manage marketing and customer engagement; (d) conduct content ideation, planning, and scheduling; (e) view analytics across the Storefront and connected social media platforms; and (f) settle and withdraw earnings.

3.2 Storefront and My Site

You may build a Storefront comprising one or more of: a main store, profile link, product link, and leads link.

3.3 Product Catalog (DS / POD)

At launch, the Services support DS and POD product types. You may select products from our catalog and list them on your Storefront. Selection of a product does not transfer ownership of inventory; you act as a non-exclusive reseller, with fulfillment performed by the third-party supplier or POD partner. You are responsible for ensuring that your listings, pricing, product claims, and promotional statements comply with applicable law and platform policies.

3.4 Content Creation, Ideation, and Scheduling

The Services include tools for content drafting, ideation, project workflows, and scheduled posting to connected social platforms (collectively, “Content Tools”). You retain ownership of Content you create through the Content Tools, subject to Section 6.3.

3.5 Connectors

Connectors allow the Services to access and take actions on Third-Party Services on your behalf, subject to your authorization. By enabling a Connector, you authorize Fypro to access the connected platform using your credentials and to perform actions as directed by your instructions. You are solely responsible for ensuring that your use of Connectors complies with the applicable terms of service of each Third-Party Service.

3.6 AI-Assisted Features

Certain features may be powered by AI-assisted technology. Such features process your inputs using large language model (“LLM”) technology provided by third-party AI service providers. You are solely responsible for evaluating, reviewing, and verifying all AI-generated Outputs before relying on or publishing them.

3.7 Service Modifications

Fypro reserves the right to modify, suspend, or discontinue any aspect of the Services at any time, with or without notice, including the addition or removal of features, Connector integrations, supported product categories, or supported payment methods. Fypro shall not be liable to you or any third party for any modification, suspension, or discontinuation of the Services, except to the extent required by applicable law.

4. Eligibility, Account Registration, and Tax Information

4.1 Eligibility

You represent and warrant that you are at least 18 years of age and have full legal capacity to enter into these Terms. Although certain Connectors permit users aged 13 and above, the Services involve payment processing, tax reporting, and contractual obligations and are restricted to adults regardless of any minimum age permitted by any Third-Party Service.

If you are accessing the Services on behalf of a legal entity, you represent that such entity is duly organized and in good standing under applicable law.

4.2 Registration

To access the Services, you must create an Account by providing accurate, current, and complete information. You agree to maintain and promptly update your account information. Fypro reserves the right to reject any registration or terminate any Account at its discretion.

4.3 Tax Information

Before your first withdrawal of earnings, you must submit a complete and accurate Form W-9 (U.S. persons) or Form W-8BEN / W-8BEN-E (non-U.S. persons), and such other tax information as we reasonably require to comply with U.S. and foreign tax law.

You authorize us to file Form 1099-K, Form 1042-S, and other tax forms with the U.S. Internal Revenue Service and applicable state and foreign tax authorities as required. Failure to submit valid tax forms may result in withdrawal holds and backup withholding (currently 24% for U.S. persons under section 3406 of the Internal Revenue Code) until valid information is provided.

4.4 Account Security

You are solely responsible for maintaining the confidentiality of your login credentials and for all activities that occur under your Account. You agree to: (a) use a strong, unique password and not share your credentials with any third party; (b) notify Fypro immediately at support@fypro.ai upon discovering any unauthorized access to or use of your Account; and (c) log out of your Account at the end of each session on shared devices. Fypro is not liable for any loss or damage arising from your failure to safeguard your credentials.

You are responsible for maintaining the security of any third-party accounts connected to the Services.

4.5 One Account Per User

Each Account is for use by a single authorized Creator or legal entity.

5. Acceptable Use Policy

5.1 Permitted Use

You may use the Services solely for lawful purposes and in accordance with these Terms. The Services are designed for legitimate creator commerce and content activities.

5.2 Prohibited Conduct

You agree not to use the Services to:

• Violate any applicable federal, state, local, or foreign law or regulation;

• Infringe any Intellectual Property Rights or other proprietary rights of any third party, including by listing or selling counterfeit, bootleg, or otherwise infringing products;

• Sell products in any restricted, regulated, or prohibited category, including controlled substances, firearms, weapons, hazardous materials, adult content, tobacco, alcohol where prohibited, prescription pharmaceuticals, items subject to U.S. or other export controls, or any other items prohibited by Fypro’s restricted-products policy

• Generate, transmit, or store content that is defamatory, obscene, harassing, threatening, fraudulent, deceptive, or otherwise harmful;

• Fail to comply with the U.S. Federal Trade Commission’s Endorsement Guides (16 C.F.R. Part 255) or applicable creator-disclosure obligations under any Third-Party Service or jurisdiction when promoting your Storefront, products, or affiliated brands;

• Engage in unauthorized data collection, scraping, or harvesting from any source;

• Attempt to gain unauthorized access to any systems, networks, or data;

• Transmit any malware, viruses, or other malicious code;

• Interfere with or disrupt the integrity or performance of the Services or any underlying infrastructure;

• Circumvent, disable, or otherwise interfere with any security or access control mechanisms;

• Use the Services to develop a competing product or service, or to benchmark the Services without Fypro’s prior written consent;

• Resell, sublicense, or transfer your rights to the Services to any third party without Fypro’s prior written consent;

• Impersonate any person or entity, or falsely represent your affiliation with any person or entity;

• Use Drop Pay or any payment functionality to process transactions unrelated to bona fide products and services lawfully offered through your Storefront, or to engage in card-testing, money laundering, terrorist financing, sanctions evasion, or other prohibited financial activity;

• Impose an unreasonable or disproportionately large load on our infrastructure; or

• Violate the terms of service of any Third-Party Service accessed through a Connector.

5.3 Content Standards

You are solely responsible for all Content you submit, list, post, or schedule through the Services. You represent and warrant that: (a) you own or have the necessary rights, licenses, and permissions to submit such Content (including for use on Connectors at your direction); (b) your Content does not violate the rights of any third party; and (c) your Content complies with these Terms, the rules of any applicable Third-Party Service, and all applicable law.

This responsibility applies regardless of whether Content or Outputs are generated, suggested, or assisted by the Services.

5.4 Enforcement

Fypro reserves the right, but has no obligation, to monitor Content and your use of the Services. Fypro may, in its sole discretion and without prior notice, remove Content, delist products, suspend or terminate your Account, hold or reverse settlements, or take any other action it deems appropriate if it reasonably believes you have violated these Terms or that your use of the Services poses a risk to Fypro, other Creators, buyers, or third parties. Fypro may also disable Storefront functionality, cancel or refund orders, impose reserves, withhold payouts, or notify affected parties or authorities where required by law.

6. Intellectual Property

6.1 Fypro’s Intellectual Property

The Services, including all software, algorithms, interfaces, text, graphics, logos, and other materials, are owned by Fypro or its licensors and are protected by applicable Intellectual Property Rights. These Terms do not grant you any right, title, or interest in the Services or Fypro’s intellectual property, except for the limited license expressly set forth herein.

6.2 License to Use the Services

Subject to your compliance with these Terms and payment of any applicable fees, Fypro grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to access and use the Services solely for your internal business purposes as a Creator.

6.3 Your Content

You retain all ownership rights in and to your Content. By submitting Content, you grant Fypro a limited, worldwide, royalty-free, non-exclusive license to access, host, store, reproduce, display, transmit, and process your Content solely to the extent necessary to provide the Services to you, including (a) displaying your Content on your Storefront, (b) transmitting Content to fulfillment partners as required to fulfill orders, and (c) posting Content on Connectors at your direction. This license does not permit Fypro to use your Content for AI model training or for any purpose beyond providing the Services, except as separately and expressly authorized by you.

6.4 Catalog and Product Imagery

Product images, descriptions, and other materials made available through our DS / POD catalog are licensed to you solely for use on your Storefront and authorized Connectors during the term of your Account. You may not use such materials outside the Services without our prior written consent.

6.5 Outputs

As between you and Fypro, subject to your compliance with these Terms, you own the Outputs generated by AI-assisted features in response to your instructions, to the extent permitted by applicable law. You acknowledge that: (a) AI-generated content may not be protectable by copyright under U.S. law or in all jurisdictions; (b) similar Outputs may be generated for other Creators given similar prompts; and (c) Fypro makes no representation that Outputs are free from third-party intellectual property claims. You are solely responsible for evaluating, reviewing, and verifying all Outputs before relying on or publishing them.

6.6 Feedback

If you provide Fypro with any suggestions, feedback, or ideas regarding the Services, you grant Fypro an irrevocable, perpetual, royalty-free, worldwide license to use, reproduce, modify, and incorporate such feedback into the Services or other products without any obligation to compensate you.

6.7 Trademarks

“Fypro,” the Fypro logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Genstore Inc. You may not use any Fypro trademark without our prior written consent.

7. Selling Through the Services

7.1 Listings and Pricing

You set retail pricing within parameters specified by Fypro (which may include floor prices for DS / POD products to ensure supplier costs are covered). You are responsible for the accuracy of your listings, descriptions, and product disclosures.

7.2 Orders and Fulfillment

For DS and POD orders, unless Fypro expressly states otherwise in writing or in the applicable buyer-facing checkout flow, the Creator is the seller of record vis-à-vis the Buyer. Fypro facilitates platform infrastructure, order flow, payment or settlement functionality, and fulfillment coordination, but does not become the seller of the product solely by providing the Services.

7.3 Returns, Refunds, and Customer Service

Returns, refunds, and customer service for DS and POD orders are handled in accordance with Fypro’s published return and refund policy. The Creator agrees to cooperate with Fypro in resolving buyer disputes and acknowledges that refunds, chargebacks, and adjustments may be deducted from the Creator’s Drop Pay balance.

7.4 Sales Tax and Indirect Tax

To the extent Fypro (or an affiliate) is required by applicable law to collect and remit sales tax, value-added tax, or similar indirect tax on sales made through the Services as a marketplace facilitator, Fypro will do so. To the extent Fypro is not so required, the Creator is solely responsible for determining, collecting, and remitting such taxes.

7.5 Compliance Responsibility

The Creator is solely responsible for ensuring that products listed on the Storefront comply with all applicable laws, including consumer protection, product safety, advertising, labeling, and platform-specific rules of any Connector through which products are promoted.

8. Payments and Settlement

8.1 Drop Pay (Default for DS and POD)

DS and POD sales settle through Drop Pay. By using the Services, you authorize Fypro to direct settlement of such sales through Drop Pay. Drop Pay deducts platform fees, supplier costs, payment processing costs, applicable indirect taxes, and refund/chargeback amounts from gross sales, and credits net amounts to your Drop Pay balance.

Your Drop Pay balance is a ledger balance reflecting amounts that may become payable to you after deduction of applicable fees, supplier costs, taxes, refunds, chargebacks, reserves, and other adjustments.

It is not a bank account, deposit account, stored-value account, or other financial account, and it does not earn interest. Fypro may delay, hold, reserve, offset, or refuse payout where reasonably necessary for tax, KYC, fraud, sanctions, chargeback, refund, dispute, legal, or compliance reasons.

8.2 Third-Party Payment Processors (Later Phases)

For product types or features supported in later phases, you may also be permitted to connect Stripe, PayPal, or other supported processors. You are responsible for compliance with the terms of each processor.

8.3 Payouts

Subject to Section 4.3 (tax information) and any applicable holds under Section 8.5, you may withdraw available balances in accordance with Fypro’s payout schedule and minimum thresholds.

8.4 Fees

Fypro may charge platform fees, transaction fees, and / or supplier fees as set forth in our published fee schedule, which may be updated from time to time.

8.5 Holds, Reserves, and Adjustments

Fypro may hold or reserve funds where reasonably necessary to cover refunds, chargebacks, claims, fraud risk, sanctions or AML review, regulatory inquiries, breaches of these Terms, or any other amounts owed by you. We will release reserved amounts when the underlying risk has been resolved.

8.6 Subscription Fees and Credits

Access to certain features may require payment of subscription fees and / or consumption of credits. Fees and credit pricing are set forth at pricing page and are subject to change. Except as required by applicable law, all subscription fees and credits are non-refundable.

8.7 Taxes on Subscription Fees

All subscription fees and credit purchases are exclusive of applicable taxes. You are responsible for all applicable sales, use, value-added, and other taxes imposed by any governmental authority in connection with your subscription.

9. Term and Termination

9.1 Term

These Terms commence on the date you first access or use the Services and continue until terminated by either party as set forth herein.

9.2 Termination by You

You may terminate your Account at any time by following the account deletion instructions in your account settings or by contacting support@fypro.ai. Termination does not entitle you to any refund of prepaid fees, except as required by applicable law. Termination of your Account does not relieve you of obligations to settle outstanding balances, refund pending buyer claims, or comply with applicable tax reporting obligations.

9.3 Termination or Suspension by Fypro

Fypro may suspend or terminate your Account with or without cause and with or without notice, including where:

• You have breached, or Fypro reasonably suspects you have breached, any provision of these Terms;

• Your use of the Services poses a security, fraud, or compliance risk or may harm Fypro, other Creators, buyers, or third parties;

• You have failed to provide required tax information or have provided invalid tax information;

• You have failed to pay any amounts due;

• Fypro is required to do so by applicable law or a governmental authority; or

• Fypro determines that continued provision of the Services to you is no longer commercially viable.

Where practicable, Fypro will provide advance notice of termination except in cases involving security risks, fraud, sanctions / AML concerns, or legal obligations requiring immediate action.

9.4 Effect of Termination

Upon termination: (a) the license granted to you under these Terms immediately terminates; (b) you must cease all use of the Services; (c) Fypro may delist your Storefront and remove your Content from public display; (d) Fypro may delete your Account data in accordance with our Privacy Policy; (e) any pending orders may be cancelled or completed at Fypro’s discretion; and (f) all provisions that by their nature should survive termination shall survive, including Sections 6, 7.3, 8 (with respect to amounts owed), 10, 11, 12, 13, and 14.

10. Disclaimers and Limitation of Warranties

THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITHOUT WARRANTY OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, Fypro AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING:

• All implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement;

• Any warranty that the Services will be uninterrupted, timely, secure, or error-free;

• Any warranty regarding the quality, safety, accuracy, or fitness of products supplied through DS or POD partners;

• Any warranty regarding sales volume, follower growth, audience engagement, search ranking, or other commercial performance on any Connector or otherwise;

• Any warranty that AI-generated Outputs (where applicable) will be accurate, complete, reliable, or suitable for any particular purpose;

• Any warranty that Content (including Outputs) is suitable for posting on any Connector or that it complies with that Connector’s terms, community guidelines, or monetization policies; and

• Any warranty relating to the acts or omissions of Third-Party Services, suppliers, AI providers, or payment processors.

You acknowledge that AI-generated Outputs (where applicable) may contain errors, inaccuracies, or information that is outdated, incomplete, or inappropriate. You are solely responsible for evaluating and verifying all Outputs before relying on or publishing them. Some states do not allow the exclusion of certain warranties; in such states the foregoing exclusions apply to the maximum extent permitted by law.

11. Limitation of Liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL Fypro OR ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU FOR ANY:

• Indirect, incidental, special, consequential, exemplary, or punitive damages;

• Loss of profits, revenue, sales, data, business opportunities, follower count, or goodwill;

• Business interruption or cost of substitute services;

• Unauthorized access to, alteration of, or deletion of your Content or Storefront;

• Defects in, delays in, or failure to deliver products fulfilled by DS or POD partners;

• Actions or omissions of any Connector, Third-Party Service, payment processor, or AI provider;

• Disputes between you and any buyer, supplier, or Third-Party Service;

• Any account suspension, content removal, demonetization, or enforcement action taken by any Connector or Third-Party Service; or

• Damages arising from your reliance on AI-generated Outputs (where applicable), IN EACH CASE, WHETHER OR NOT Fypro HAS BEEN ADVISED OF THE POSSIBILITY OF

SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY ASSERTED.

Fypro’S TOTAL CUMULATIVE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL AMOUNTS PAID BY YOU TO Fypro (EXCLUDING AMOUNTS PASSED THROUGH TO SUPPLIERS, PAYMENT PROCESSORS, OR TAX AUTHORITIES) IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR (B) ONE HUNDRED U.S. DOLLARS (USD $100).

The foregoing limitations are a fundamental element of the basis of the bargain between Fypro and you.

Some states do not allow the limitation of liability for certain damages; in such states the foregoing limitations apply to the maximum extent permitted by law.

12. Indemnification

You agree to defend, indemnify, and hold harmless Fypro and its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, and fees (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of or access to the Services, including your Storefront and any Outputs;

• Your Content, including any claim that your Content infringes any third-party rights;

• Your products and listings, including claims relating to product safety, defects, labeling, recalls, regulatory non-compliance, or sales tax;

• Your violation of these Terms, the terms of any Connector, or any applicable law or regulation, including the U.S. Federal Trade Commission’s Endorsement Guides;

• Your use of any Connector, including actions taken on Third-Party Services at your direction;

• Disputes between you and any buyer, supplier, or Third-Party Service; and

• Any tax obligations of yours arising from sales through the Services, including failure to provide accurate tax forms or to remit taxes for which you are responsible.

Fypro reserves the right, at your expense, to assume exclusive defense and control of any matter subject to indemnification by you, in which case you will cooperate in asserting any available defenses.

Your collection, use, or disclosure of buyer information, including failure to provide required privacy notices or obtain required consents for marketing, advertising, or customer communications.

13. Dispute Resolution

13.1 Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.

13.2 Informal Resolution

Before initiating any formal legal proceeding, you agree to contact Fypro at support@fypro.ai to attempt to resolve the dispute informally. The parties shall use good faith efforts to resolve the dispute within 30 days of such notice. If the dispute is not resolved within that period, either party may pursue formal proceedings as set forth below.

13.3 Binding Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT REQUIRES YOU AND Fypro TO RESOLVE MOST DISPUTES BY BINDING INDIVIDUAL ARBITRATION, RATHER THAN IN COURT, AND LIMITS THE MANNER IN WHICH YOU MAY SEEK RELIEF FROM Fypro.

Except as set forth in Section 13.5, any dispute, claim, or controversy arising out of or relating to these Terms, your access to or use of the Services, or Fypro’s provision of the Services, including the breach, termination, enforcement, interpretation, or validity of these Terms (collectively, “Disputes”), shall be resolved by final and binding arbitration administered by the American Arbitration Association (“AAA”).

For disputes involving individual consumers, the arbitration shall be conducted in accordance with the AAA Consumer Arbitration Rules then in effect. For disputes involving business users or other non-consumer parties, the arbitration shall be conducted in accordance with the AAA Commercial Arbitration Rules then in effect. The arbitration shall be conducted in English by a single arbitrator.

Unless otherwise required by applicable law, the seat and venue of arbitration shall be the county in California where Genstore Inc. maintains its principal place of business. For individual consumer disputes, the arbitration may be conducted by video conference, telephone conference, or solely on the basis of written submissions, where permitted by the applicable AAA rules and agreed by the parties or ordered by the arbitrator.

For any arbitration initiated by Fypro, Fypro shall pay all AAA filing, administrative, and arbitrator fees to the extent required by applicable law and the applicable AAA rules. For any arbitration initiated by you as an individual consumer, your filing fee and other arbitration costs shall be governed by the applicable AAA Consumer Arbitration Rules and fee schedule; provided that Fypro will pay any fees or costs that it is required to pay under applicable law or the applicable AAA rules.

The arbitrator shall have authority to grant any relief that would be available in court on an individual basis. Nothing in this Section shall prevent either party from bringing an individual claim in small claims court if the claim qualifies for small claims court and remains only in that court. Nothing in this Section shall prevent either party from seeking temporary, preliminary, or permanent injunctive or other equitable relief in a court of competent jurisdiction to protect its intellectual property rights, confidential information, or the security and integrity of the Services. Requests for public injunctive relief, where such relief cannot be waived under applicable law, may be brought in a court of competent jurisdiction.

The arbitrator’s award shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

13.4 Class Action Waiver

YOU AND Fypro AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON’S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF REPRESENTATIVE OR CLASS PROCEEDING. To the extent this class action waiver is prohibited or unenforceable under applicable law, it shall not apply, and the affected claims shall proceed in a court of competent jurisdiction; all remaining provisions of this Section 13 shall continue in full force and effect.

13.5 Exceptions to Arbitration

Notwithstanding the foregoing, either party may seek: (a) emergency injunctive or other equitable relief in any court of competent jurisdiction to prevent irreparable harm pending the outcome of arbitration; or (b) relief in a small claims court for disputes within the jurisdictional limit of such court, provided the claim remains on an individual basis.

13.6 Time Limitation on Claims

Any claim or cause of action arising out of or related to these Terms or the Services must be filed within one (1) year after such claim or cause of action arose. Claims not filed within this period are permanently barred. This limitation applies regardless of any statute of limitations to the contrary, to the extent permitted by applicable law.

14. General Provisions

14.1 Entire Agreement

These Terms, together with the Privacy Policy, the Drop Pay Terms, any applicable Subscription Plan terms, and any policies referenced or linked in these Terms, constitute the entire agreement between you and Fypro with respect to the Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties.

14.2 Amendments

Fypro reserves the right to amend these Terms at any time. For material changes, Fypro will provide notice via email or an in-product notification at least 14 days before the changes take effect. Non-material changes take effect upon posting. Your continued use of the Services after the effective date constitutes acceptance of the updated Terms. If you do not agree to the amended Terms, you must cease using the Services and may terminate your Account.

14.3 Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision shall be modified to the minimum extent necessary to make it enforceable, or, if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

14.4 Waiver

No failure or delay by Fypro in exercising any right under these Terms shall constitute a waiver of that right. No waiver of any breach shall be deemed a waiver of any subsequent breach.

14.5 Assignment

You may not assign or transfer any of your rights or obligations under these Terms without Fypro’s prior written consent. Fypro may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, or sale of assets, or to any of its affiliates. Any purported assignment in violation of this section is void.

14.6 Force Majeure

Fypro shall not be liable for any delay or failure in performance resulting from events beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, labor disputes, governmental action, internet service provider failures, third-party service or payment processor outages, or supplier failures.

14.7 Relationship of the Parties

The relationship between you and Fypro is that of independent contractors. Nothing in these Terms shall be construed to create a partnership, joint venture, agency (except solely as expressly described in Section 3.5 with respect to Connectors), franchise, or employment relationship between the parties.

14.8 Headings

Section headings are for convenience only and shall not affect the interpretation of these Terms.

14.9 Contact Information