These Terms of Service ("Terms") are a legal agreement between you (or the company you represent, "Customer") and DPM Labs Inc. ("Fond", "we", "us", or "our"), a Delaware corporation located at 169 Madison Ave STE 11431, New York, NY 10016. These Terms govern your access to and use of Fond (tryfond.co) and related services (the "Service").

1. ACCEPTANCE OF TERMS

By creating an account, clicking "I Agree", "Get Started", or "Subscribe", completing a Stripe checkout, or by accessing or using the Service in any way, you confirm that: (a) you have read and understood these Terms; (b) you agree to be bound by these Terms and our Privacy Policy; and (c) you have the legal authority to enter into this agreement on behalf of yourself or your organization.

If you are using the Service on behalf of a company or other legal entity, you represent that you have the authority to bind that entity to these Terms.

We may update these Terms from time to time. If we make material changes, we will notify you via email or a notice in the Service at least 14 days before the changes take effect. Your continued use of the Service after the effective date constitutes acceptance of the updated Terms.

2. THE SERVICE

Fond is an AI-powered agentic commerce optimization platform that helps e-commerce merchants improve their discoverability across AI-powered search engines, shopping assistants, and language model platforms. The Service includes access to the Fond web application, AI visibility analytics, AI agents, and related features as made available by us.

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for your internal business purposes during your subscription period.

We may modify, update, or discontinue features of the Service at any time with reasonable advance notice. We will not materially reduce the core functionality of the Service during your active subscription period without offering a prorated refund for the unused period. Plan features and usage limits are subject to change with reasonable notice; we will not reduce plan limits by more than 20% without offering you the right to cancel and receive a prorated refund.

3. ACCOUNTS AND ELIGIBILITY

To use the Service, you must: (a) be at least 18 years old or the age of majority in your jurisdiction; (b) create an account with accurate and complete information; (c) keep your account credentials confidential; and (d) promptly notify us of any unauthorized access at team@dpm.co.

You are responsible for all activity that occurs under your account.

4. SUBSCRIPTION PLANS AND FEES

4.1 Plans

Fond offers the following subscription tiers. Plan features and usage limits are subject to change with reasonable advance notice:

• Audit – $0/month. One-time AI visibility report and limited optimization actions.

• Growth – $99/month (or ~$74/month billed annually at $888/year). Ongoing AI queries, monthly optimization actions, and opportunity scouting.

• Premium – $299/month (or ~$224/month billed annually at $2,688/year). Higher query and action limits, custom reporting, and advanced support.

• Enterprise – Custom pricing. Contact team@dpm.co for details.

4.2 Billing and Payment

Subscriptions are billed in advance — monthly on the first day of each billing month, or annually upfront. By subscribing via Stripe checkout, you authorize us to automatically charge your payment method on file at the start of each billing period. All fees are in U.S. Dollars and are exclusive of applicable taxes, which are your responsibility.

4.3 60-Day Satisfaction Guarantee

The first 60 days of any new paid subscription constitute the "Satisfaction Period." If we fail to deliver measurable improvement in your AI visibility during the Satisfaction Period, you may cancel and request a full refund of all fees paid for that period by emailing team@dpm.co. Refund requests must be submitted before the end of the Satisfaction Period. After the Satisfaction Period, fees are non-refundable except as described in Section 4.4.

The specific success criteria for the Satisfaction Guarantee will be mutually defined at the start of your engagement. If criteria are not defined, we will work with you in good faith to determine whether the guarantee applies.

4.4 Other Refunds

Outside of the Satisfaction Period, we may issue prorated refunds if: (a) we materially fail to deliver the Service as described and cannot remedy the failure within 30 days of notice; or (b) we reduce your plan limits by more than 20% and you elect to cancel. Refunds are processed manually — contact team@dpm.co.

4.5 Auto-Renewal and Cancellation

Subscriptions automatically renew at the end of each billing period. To cancel, notify us at team@dpm.co at least 14 days before the end of your current subscription period. Cancellation takes effect at the end of the paid period; you retain access until then. We do not provide refunds for partial periods upon voluntary cancellation.

5. ACCEPTABLE USE

You agree not to: (a) reverse engineer, decompile, or attempt to extract source code from the Service; (b) resell, sublicense, or transfer access to the Service to any third party; (c) use the Service to develop a competing product or service; (d) use the Service in violation of any applicable laws; (e) submit false, misleading, or infringing content; (f) interfere with or disrupt the Service; or (g) attempt to gain unauthorized access to the Service or related systems.

6. YOUR DATA AND CONTENT

6.1 Your Content

You retain all rights to the data, information, and materials you submit to the Service ("Customer Content"), including your store data, product catalog, and brand assets. You grant us a limited license to access, process, and use your Customer Content solely to provide and improve the Service. You represent that you have all rights necessary to submit Customer Content.

6.2 AI-Generated Output

The Service uses AI models to generate recommendations, content drafts, and analysis ("Output"). As between you and us, you own all Output generated in response to your inputs. Output may be inaccurate and is not a substitute for human judgment. We make no guarantee that Output is free from errors or that it will not resemble content generated for other users.

6.3 No AI Training Without Consent

We will NOT use your Customer Content or Output to train our AI models without your explicit written opt-in consent. We may use aggregated, de-identified usage data to improve the Service.

6.4 Data Deletion

Upon account termination, you may request deletion of your Customer Content. We will delete it within 60 days of a valid request, except where retention is required by law.

7. PRIVACY

Our collection and use of personal data is governed by our Privacy Policy at tryfond.co, incorporated into these Terms by reference. By using the Service, you consent to our data practices as described there.

8. INTELLECTUAL PROPERTY

DPM Labs Inc. and its licensors retain all rights, title, and interest in and to the Service, including all software, algorithms, designs, trademarks, and content we create. These Terms grant you only the limited license described above.

We may use your company name and logo to identify you as a Fond customer in marketing materials. You may opt out by emailing team@dpm.co.

9. CONFIDENTIALITY

Each party agrees to keep the other party's non-public information confidential and not to disclose it to third parties without consent, except as required by law or as needed to provide the Service. This obligation survives termination.

10. WARRANTIES AND DISCLAIMERS

We warrant that we will provide the Service with reasonable care and skill and will not materially reduce its core functionality during your subscription period.

EXCEPT AS EXPRESSLY STATED ABOVE, THE SERVICE IS PROVIDED "AS IS" WITHOUT WARRANTIES OF ANY KIND. WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT ANY SPECIFIC BUSINESS RESULTS WILL BE ACHIEVED.

11. LIMITATION OF LIABILITY

OUR TOTAL CUMULATIVE LIABILITY TO YOU FOR ANY CLAIMS ARISING OUT OF THESE TERMS OR THE SERVICE WILL NOT EXCEED THE GREATER OF (A) THE FEES YOU PAID US IN THE 12 MONTHS BEFORE THE CLAIM, OR (B) $100. IN NO EVENT WILL EITHER PARTY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS.

12. INDEMNIFICATION

You agree to indemnify and hold harmless DPM Labs Inc. and its officers, directors, employees, and agents from claims, damages, and expenses (including attorneys' fees) arising from: (a) your use of the Service in violation of these Terms; (b) your Customer Content; or (c) your violation of any applicable law or third-party rights.

13. TERM AND TERMINATION

These Terms remain in effect for the duration of your subscription. Either party may terminate for material breach upon 30 days' written notice (or immediately for uncurable breach). We may suspend or terminate your access immediately if you violate these Terms or fail to pay fees.

Upon termination: your license ends immediately; you remain responsible for fees accrued through termination; and Sections 6, 8, 9, 10, 11, 12, and 14 survive.

14. GOVERNING LAW AND DISPUTES

These Terms are governed by the laws of the State of Delaware, without regard to conflict of laws provisions. Any disputes will be resolved in the courts located in Delaware, and you consent to personal jurisdiction there.

15. GENERAL

Entire Agreement. These Terms and our Privacy Policy are the entire agreement between you and us regarding the Service.

Severability. If any provision is found invalid, the remaining provisions continue in full force.

Waiver. Failure to enforce any provision is not a waiver of that provision.

Assignment. You may not assign your rights without our prior written consent. We may assign freely.

Independent Contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, employment, or agency relationship.

CONTACT

Questions about these Terms? Reach us at:

• Email: team@dpm.co

• Address: DPM Labs Inc., 169 Madison Ave STE 11431, New York, NY 10016

• Website: tryfond.co