Terms & Conditions

These Terms & Conditions ("Terms") govern your access to and use of the website fynra.ai, the FYNRA client portal, and all related services (collectively, the "Services") provided by FYNRA Consulting Inc. ("FYNRA," "we," "us," or "our"), a company registered in the United States.

By accessing or using our Services, you agree to be bound by these Terms. If you do not agree to these Terms, you must not access or use our Services. If you are entering into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

1. Description of Services

FYNRA provides AI optimization and automation consulting services, including but not limited to: custom AI workflow automation, AI voice agent development, CRM and business process automation, client portal access with dashboards and analytics, and related professional consulting services.

Specific services, deliverables, timelines, and fees for client engagements will be outlined in separate Statements of Work ("SOW"), proposals, or service agreements between FYNRA and the client. In the event of any conflict between these Terms and a signed SOW or service agreement, the SOW or service agreement shall prevail with respect to the specific engagement.

2. Account Registration & Security

Certain features of our Services, including the client portal, require account registration. When you create an account, you agree to:

• Provide accurate, current, and complete information
• Maintain and promptly update your account information
• Maintain the security of your authentication credentials (magic-link email access)
• Accept responsibility for all activities that occur under your account
• Notify us immediately of any unauthorized use of your account

We reserve the right to suspend or terminate your account if any information provided is inaccurate, misleading, or in violation of these Terms.

3. Acceptable Use Policy

When using our Services, you agree not to:

• Violate any applicable local, state, national, or international law or regulation
• Infringe upon the intellectual property rights of FYNRA or any third party
• Attempt to gain unauthorized access to our systems, networks, servers, or other infrastructure
• Transmit any malicious code, viruses, or harmful content
• Use automated tools (bots, scrapers, crawlers) to access or extract data from our Services without prior written consent
• Engage in any activity that disrupts, damages, or impairs our Services
• Impersonate any person or entity, or misrepresent your affiliation with a person or entity
• Use our Services to send unsolicited commercial communications (spam)
• Reverse-engineer, decompile, or disassemble any aspect of our Services

4. Intellectual Property

4.1 Our Intellectual Property

All content, features, and functionality of our Services — including but not limited to text, graphics, logos, icons, images, audio clips, code, software, and the overall design — are owned by FYNRA Consulting Inc. or its licensors and are protected by United States and international copyright, trademark, trade secret, and other intellectual property laws.

4.2 Client Deliverables

Unless otherwise specified in a signed SOW or service agreement, ownership of custom deliverables (e.g., workflows, automations, AI agents) created specifically for a client shall transfer to the client upon full payment. FYNRA retains the right to use general knowledge, techniques, methodologies, and non-client-specific components developed during an engagement.

4.3 Feedback

If you provide feedback, suggestions, or ideas regarding our Services, you grant FYNRA a non-exclusive, royalty-free, worldwide, perpetual license to use, modify, and incorporate such feedback without any obligation to you.

5. Payment Terms

• All fees for services are as specified in the applicable proposal, invoice, or SOW.
• Payments are processed securely through Stripe. By making a payment, you also agree to Stripe's Terms of Service.
• Unless otherwise agreed in writing, invoices are due within 15 days of issuance.
• Late payments may incur a fee of 1.5% per month (or the maximum rate permitted by law, whichever is lower) on the outstanding balance.
• All fees are non-refundable unless expressly stated otherwise in the applicable SOW or unless required by law.
• We reserve the right to suspend services for accounts with outstanding balances exceeding 30 days past due.

6. Confidentiality

Both parties agree to maintain the confidentiality of any proprietary or confidential information disclosed during the course of the engagement. Confidential information includes, but is not limited to, business strategies, client data, technical specifications, pricing, and any information marked as confidential.

This obligation of confidentiality shall survive the termination of these Terms for a period of three (3) years.

7. Disclaimers

PLEASE READ THIS SECTION CAREFULLY

OUR SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

We do not warrant that our Services will be uninterrupted, timely, secure, or error-free. We do not warrant the accuracy, reliability, or completeness of any content provided through our Services. Any reliance on our Services is at your own risk.

While our AI automation solutions are designed to improve efficiency and reduce costs, we do not guarantee specific results, savings, or outcomes. Performance may vary based on your business processes, data quality, and other factors outside our control.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FYNRA CONSULTING INC., ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, BUSINESS OPPORTUNITIES, OR GOODWILL, ARISING OUT OF OR RELATED TO YOUR USE OF OR INABILITY TO USE OUR SERVICES, REGARDLESS OF THE CAUSE OF ACTION OR THEORY OF LIABILITY.

OUR TOTAL AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR OUR SERVICES SHALL NOT EXCEED THE GREATER OF: (A) THE TOTAL FEES PAID BY YOU TO FYNRA IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED U.S. DOLLARS ($100.00).

9. Indemnification

You agree to indemnify, defend, and hold harmless FYNRA Consulting Inc. and its officers, directors, employees, agents, and affiliates from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to:

• Your use of or access to our Services
• Your violation of these Terms
• Your violation of any applicable law or the rights of any third party
• Any content or data you submit through our Services

10. Termination

We may suspend or terminate your access to our Services at any time, with or without cause, and with or without notice, if we reasonably believe you have violated these Terms or if continued access poses a risk to our Services or other users.

For paid client engagements, termination terms will be governed by the applicable SOW or service agreement. Upon termination, your right to access the client portal and any associated services will cease. We will provide reasonable assistance to export your data upon written request within 30 days of termination.

Sections that by their nature should survive termination shall survive, including but not limited to: Intellectual Property, Confidentiality, Disclaimers, Limitation of Liability, Indemnification, and Governing Law.

11. Dispute Resolution

11.1 Informal Resolution

Before filing any formal legal action, both parties agree to attempt to resolve any dispute informally by contacting the other party and negotiating in good faith for a period of at least thirty (30) days.

11.2 Arbitration

If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms shall be resolved by binding arbitration administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration shall be conducted in New York, New York, USA. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.

11.3 Class Action Waiver

YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration.

12. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of New York, United States, without regard to its conflict of law provisions. Any legal proceedings not subject to arbitration shall be brought exclusively in the state or federal courts located in New York County, New York.

13. Force Majeure

Neither party shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay results from events beyond the reasonable control of the affected party, including but not limited to natural disasters, acts of government, pandemics, war, terrorism, labor disputes, internet or telecommunications failures, or cyberattacks.

14. Severability

If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

15. Entire Agreement

These Terms, together with our Privacy Policy, Cookie Policy, and any applicable SOW or service agreement, constitute the entire agreement between you and FYNRA Consulting Inc. regarding the use of our Services and supersede all prior agreements, understandings, and communications, whether written or oral.

16. Changes to These Terms

We reserve the right to modify these Terms at any time. When we make material changes, we will update the "Last Updated" date and provide reasonable notice (e.g., a banner on our website or email notification to active clients). Your continued use of our Services after changes take effect constitutes your acceptance of the revised Terms.

17. Contact Us

For questions about these Terms & Conditions, please contact us: