Terms of Service

These Terms of Service ("Terms") govern your access to and use of the Freename AI (the "Platform" or "Service"), operated by Freename AG, a company incorporated under the laws of Switzerland, with registered office at Samstagernstrasse 41, 8832 Wollerau, registered in the Commercial Register under number CHE-295.377.562 ("Freename", "we", "us", or "our").

By creating an account, accessing, or using the Service, you ("you", "Customer", or "User") agree to be bound by these Terms. If you do not agree, do not use the Service. If you enter into these Terms on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

• "AI Output" — any content, code, text, image, website, design, handle suggestion, audit report, or other material generated by the Platform's AI systems in response to your inputs.
• "Business DNA" — the structured profile of your business the Platform extracts during onboarding and stores as context for subsequent generations.
• "Consumer" — a natural person acting for purposes outside their trade, business, craft, or profession, within the meaning of applicable mandatory consumer law, including, where relevant, Directive 2011/83/EU.
• "Credits" — the virtual units used to meter billable actions on the Platform.
• "Subscription Credits" — Credits included in a Subscription Plan for a given billing cycle.
• "Purchased Credits" — Credits acquired separately from a Subscription Plan through one-off or recurring credit packages made available on the Platform.
• "Custom Domain" — a domain name, including a Web3 domain, that you register, claim, transfer, or connect through the Platform.
• "End-User" — any natural person or legal entity who visits, accesses, interacts with, creates an account on, submits information to, or otherwise uses a Generated Site.
• "End-Customer" — any natural person or legal entity that purchases, seeks to purchase, books, orders, subscribes to, or otherwise acquires goods or services from you through a Generated Site, whether acting as a consumer or as a business customer.
• "Generated Site" — any website generated, edited, deployed, or hosted by or through the Platform on your behalf.
• "Optional Integrations" — the third-party integrations you may choose to activate for a project, including Shopify, Stripe Connect, Supabase, Pexels, and X, as further described in Section 10.3.
• "Subscription Plan" — the free or paid plan or tier you select to access the Platform.
• "Third-Party Services" — services, software, infrastructure, APIs, platforms, or tools provided by third parties and used in, or integrated into, the Platform, as described in Section 10.
• "User Content" — the content you submit to the Platform, including prompts, Business DNA inputs, uploaded images, documents, data, and other assets.

Freename AI is an AI-native business operating system enabling small and medium-sized businesses to create, deploy, and manage a professional online presence. The Service includes, without limitation:

• Conversational AI website generation, editing, preview, and deployment via the AI playground.
• Business DNA onboarding and profiling.
• Domain search, claim, connection, DNS propagation monitoring, automated SSL provisioning, and business email setup.
• Google SEO analytics (powered by Ahrefs) and Generative Engine Optimisation (GEO) audits that probe AI engines such as ChatGPT, Gemini, Perplexity, and Microsoft Copilot.
• AI-generated marketing assets (images, ad copy, and, where available, video) via integration with X (formerly Twitter) and the Grok model, including X handle search, claim, and request flows.
• Website analytics (visits, live visitors, geography, domain health) and a KPI dashboard.

We may add, modify, or discontinue features at any time. Features marked as "beta", "roadmapped", or "coming soon" (such as Grok video generation) are provided without any commitment and may change or be withdrawn.

3.1 Age and capacity. You must be at least 18 years old and have the legal capacity to enter into a binding contract in your jurisdiction. The Service is intended primarily for commercial use by businesses and their authorised representatives.

3.2 Account creation. Authentication is provided through Auth0. You agree to provide accurate and complete information, to keep it up to date, and to safeguard your credentials. You are responsible for all activity under your account.

3.3 Workspace per project. Each project is identified by a unique session ID and encapsulates its website, domain, analytics, audit history, and marketing assets. You are responsible for the information, branding, and decisions attached to each project.

3.4 Security notifications. You must notify us promptly at security@freename.com if you suspect unauthorised access to or use of your account.

3.5 Restricted jurisdictions and sanctions. You represent and warrant that you, and where applicable your beneficial owners and authorised users of the Platform, are not:

• (a) located in, incorporated in, organised under the laws of, or ordinarily resident in any country or territory subject to comprehensive economic or trade sanctions administered by the United States (including OFAC), the European Union, Switzerland (including SECO), the United Kingdom (including OFSI), or the United Nations; or
• (b) included on any applicable restricted-party, denied-party, blocked-person, or sanctions list maintained by any such authority.

You will not use the Service, and will not knowingly permit any Generated Site or transaction facilitated through it to be used, in breach of any applicable sanctions, export-control, or trade-restrictions law.

Where your activities are subject to sanctions, export-control, anti-money-laundering, know-your-customer, or similar screening obligations under applicable law, you are solely responsible for compliance with those obligations in relation to your End-Customers, counterparties, transactions, products, and target markets.

We may suspend, restrict, or terminate your access to the Service, without refund, where we reasonably believe that the foregoing requirements are not met or that the Service is being used in connection with prohibited persons, jurisdictions, industries, or transactions.

4.1 Plans. The Service is offered under free and paid Subscription Plans. Paid plans may be offered in multiple monthly variants with different prices, included Credit allowances, usage limits, and feature entitlements. The current plan names, monthly prices, included Credits, feature entitlements, and any usage caps are displayed on the Platform's pricing page and form part of these Terms.

In addition to Subscription Credits included in a paid plan, Freename may offer Purchased Credits through one-off or recurring packages. The price, package size, validity period, and any usage restrictions of Purchased Credits are displayed on the billing page or at the time of purchase.

All prices are stated in the currency shown on the relevant pricing or billing page and are exclusive of applicable taxes unless expressly stated otherwise.

4.2 Free plan. Free-plan users receive a one-off, lifetime allowance of 50 Credits (non-renewing). Certain features are gated for Free users (indicated by "Pro" badges) and require an upgrade to Simple or Pro. The availability of features on each plan may change on 30 days' notice.

4.3 Billing cycle and auto-renewal. Simple and Pro subscriptions are billed monthly in advance. Subscriptions renew automatically at the end of each monthly cycle at the then-current price, unless cancelled before the renewal date. You may disable auto-renewal at any time from the billing page.

4.4 Taxes. All fees are exclusive of applicable taxes (including Swiss VAT, EU VAT via OSS where applicable, and local sales or withholding taxes), which will be added where required by law.

4.5 Changes to prices and credit costs. We may change subscription prices and the credit cost of billable actions. For existing subscribers, changes will take effect at the next monthly renewal following at least 30 days' notice sent to the email address on file. If you do not accept the change, your sole remedy is to cancel before the change takes effect.

4.6 Cancellation and downgrade. You may cancel or downgrade your Subscription Plan at any time from the billing page. Cancellation takes effect at the end of the current monthly cycle; you retain access to paid features until that date. Downgrades may result in loss of access to features that exceed the lower plan's limits, and any Custom Domains, Generated Sites, or assets that are no longer supported by the lower plan may become inaccessible after termination or downgrade.

4.7 No Refunds. Except where required by mandatory law, expressly provided in these Terms, or required because of a defect attributable to Freename under Section 5.5:

• (a) subscription fees are non-refundable and are not prorated upon cancellation, downgrade, suspension, or termination;
• (b) Credits consumed for a billable action are non-refundable;
• (c) unused Subscription Credits are non-refundable and lapse in accordance with Section 5.4; and
• (d) unused Purchased Credits are non-refundable and remain subject to the validity, expiry, and withdrawal rules stated at the time of purchase and in these Terms.

Each billable action may trigger real-time AI inference, deployment, domain, analytics, hosting, integration, or other third-party operations that create non-recoverable costs for Freename. For that reason, a Credit is deemed consumed once the relevant billable action has been initiated by you and accepted by the Platform, whether or not the resulting AI Output or other result matches your commercial, editorial, technical, or aesthetic expectations.

This Section is without prejudice to: (i) any mandatory withdrawal or cooling-off rights available to Consumers under applicable law; (ii) any mandatory remedies for lack of conformity, defective performance, or similar statutory claims; and (iii) any refund, re-credit, or other remedy expressly provided in these Terms.

5.1 Credit system. The Platform uses Credits to meter AI-driven and other billable actions. Credits may be made available in two forms:

• (a) Subscription Credits, meaning Credits included in a Subscription Plan for a billing cycle; and
• (b) Purchased Credits, meaning Credits acquired separately through the billing page.

The Free plan includes a one-off, non-renewing allocation of Credits as specified on the pricing page. Credits may be used only for eligible billable actions on the Platform. Credits do not constitute stored monetary value, e-money, a deposit, or any other regulated payment instrument and have no cash value outside the Platform.

5.2 Credit costs. The Credit cost of each billable action is displayed on the Platform, including on the applicable pricing, billing, or feature page, and forms part of these Terms. Freename may adjust Credit costs on at least 30 days' notice in accordance with Section 4.5, except where a different notice period is required by mandatory law.

5.3 Credit checks. Credits are verified before each billable action. Where your balance is insufficient, the action is blocked and a persistent notification directs you to the billing page. A server-side HTTP 402 response is returned where the client-side pre-check is bypassed.

5.4 Rollover and expiry. Subscription Credits included in a monthly paid Subscription Plan roll over only to the immediately following monthly billing cycle, unless expressly stated otherwise on the pricing page. Any such rolled-over Subscription Credits that remain unused at the end of that following cycle expire automatically and are forfeited without compensation.

Purchased Credits are subject to the validity period, if any, stated on the billing page or at the time of purchase. If no validity period is stated at the time of purchase, Purchased Credits remain available until used or until termination of the account, subject to these Terms.

Unless otherwise stated on the Platform, billable actions are deducted first from Subscription Credits and then from Purchased Credits. Credits are personal to the account to which they are issued, are non-transferable, non-assignable, non-exchangeable for cash, and confer no right to a refund in cash or credit note except where required by mandatory law or expressly provided in these Terms.

5.5 Failed operations. Where a billable action technically fails due to a defect attributable to Freename, such that no materially usable result of the relevant billable action is produced, the corresponding Credits will be automatically returned to your balance or otherwise re-credited within a reasonable time.

Credits will not be re-credited where the failure, interruption, rejection, or unusable result is caused by: (a) your inputs, instructions, configuration, or connected services; (b) prohibited content or a breach of these Terms; (c) downtime, rejection, limitations, policy enforcement, or errors of a Third-Party Service; or (d) circumstances beyond Freename's reasonable control.

For the avoidance of doubt, dissatisfaction with the quality, usefulness, style, or commercial suitability of AI Output does not by itself constitute a technical failure of the billable action.

5.6 Consumers. This Section 5.6 applies only to Users who qualify as Consumers under applicable mandatory law and only to the extent that such law grants a statutory right of withdrawal, cancellation, or similar cooling-off right in respect of the relevant transaction.

5.6.1 Switzerland. If you are a Consumer in Switzerland, no statutory right of withdrawal applies unless such right is expressly granted in these Terms or is required by mandatory law applicable to a specific type of contract.

5.6.2 EU / EEA and other jurisdictions with comparable mandatory law. If mandatory law applicable to your contract grants you a right of withdrawal for a distance contract, you may exercise that right within the period and in the manner prescribed by that law, unless an exception applies.

5.6.3 Immediate commencement of services. Where you ask Freename to begin supplying a paid digital service before expiry of the applicable withdrawal period, you expressly request immediate performance. If you validly withdraw before the service has been fully performed, you must pay, to the extent permitted by applicable law, an amount proportionate to the service supplied up to the time of withdrawal. Where the relevant service has been fully performed during the withdrawal period, the right of withdrawal shall cease once full performance has occurred, but only if, before performance began, you expressly requested immediate performance and acknowledged that you would lose your right of withdrawal once the service had been fully performed.

5.6.4 Digital content not supplied on a tangible medium. To the extent that a billable action consists of the supply of digital content not supplied on a tangible medium, any statutory right of withdrawal shall cease once performance has begun, but only if, before performance began: (a) you expressly consented to the commencement of performance during the withdrawal period; (b) you acknowledged that you would thereby lose your right of withdrawal; and (c) Freename provided you with the legally required confirmation of the contract on a durable medium.

5.6.5 Subscription Plans and Credits. Subscription Plans are ongoing digital services and are not deemed fully performed merely because access begins immediately. Individual billable actions triggered through the consumption of Subscription Credits or Purchased Credits may constitute digital services and, in some cases, the supply of digital content not supplied on a tangible medium. The withdrawal consequences of such actions are governed by Sections 5.6.3 and 5.6.4, as applicable. Purchased Credits do not constitute stored monetary value and may be used only within the Platform for eligible billable actions. Any mandatory withdrawal rights in relation to the purchase of Purchased Credits apply only to the extent such rights have not been validly lost, limited, or exhausted before the relevant Credits are consumed, in accordance with applicable law. Nothing in these Terms excludes or limits any non-waivable statutory rights of Consumers.

5.6.6 Mandatory remedies unaffected. Nothing in these Terms excludes or limits any mandatory statutory rights or remedies available to Consumers, including rights arising from lack of conformity, defective performance, or other non-waivable consumer protections.

6.1 Your content. You retain all rights in the content you submit to the Platform, including prompts, Business DNA inputs, uploaded images, documents, and other assets ("User Content").

6.2 Licence to Freename. You grant Freename a worldwide, non-exclusive, royalty-free licence for the term of these Terms to host, store, reproduce, process, transmit, display, adapt, and create derivative works from your User Content solely to the extent necessary to provide, maintain, secure, support, and improve the Service and to comply with applicable law. This licence includes transmission to Third-Party Services strictly as required to deliver the Service. The licence terminates when the relevant User Content is deleted or your account is terminated, subject to reasonable technical retention, legal retention obligations, backups overwritten in the ordinary course, and Section 19.4.

6.3 Your responsibility. You represent and warrant that you have all rights necessary in your User Content, that it does not infringe third-party rights, that it is accurate to the best of your knowledge, and that it does not violate applicable law or Section 11.

6.4 Model training. Freename does not use your User Content or AI Output to train its own foundation models. The model providers integrated into the Platform (as identified in the Third-Party Services and Sub-processors list referenced in Section 10) are contractually bound not to use Platform data to train their models. Freename may process aggregated and de-identified technical metadata derived from the Service (for example, latency, error rates, feature usage counts) to operate, secure, and improve the Platform.

7.1 Ownership of AI Output. Subject to your compliance with these Terms and full payment of applicable fees, and to the extent permitted by law, Freename assigns to you any rights, title, and interest it may have in the AI Output specifically generated for your project — including your Generated Site's HTML, CSS, and JavaScript — so that you may use, modify, and publish it for your business. Platform-wide components, frameworks, UI primitives, prompts, pipelines, and underlying infrastructure are not assigned and remain the exclusive property of Freename or its licensors.

7.2 Inherent limits of AI. You acknowledge that AI Output:

• May contain errors, inaccuracies, outdated information, or unsuitable suggestions.
• May be similar or substantially similar to output generated for other users when prompts are similar, because generative models are probabilistic.
• Does not constitute professional, legal, financial, medical, or tax advice.
• May reflect biases present in the training data of the underlying models.

You are solely responsible for reviewing, verifying, and deciding whether to publish any AI Output, and for ensuring that your Generated Site complies with all laws applicable to your business (including consumer-protection, advertising, accessibility, data-protection, and intellectual-property laws).

7.3 Third-party intellectual property. The AI does not validate that generated text, layouts, or images are free from third-party intellectual-property claims. You must independently verify such matters before use.

7.4 SEO and GEO metrics. SEO metrics are sourced via Ahrefs and reflect the state of Ahrefs' index at the time of the query. GEO audit results reflect the responses of third-party AI engines at the time of probe and will vary over time. We do not warrant any specific ranking, traffic, visibility score, or AI-citation outcome.

7.5 No rollback retention. The Platform does not retain previous versions of Generated Sites. Once an AI edit or publish action is applied, earlier versions cannot be restored by Freename. You are responsible for maintaining your own copies of any version of your site you wish to preserve.

7.6 Your role as operator of the Generated Site. Once a Generated Site is deployed and becomes accessible to End-Users or End-Customers, you act as the operator of that site and, where applicable, as the controller of personal data collected through it.

You are solely responsible, in respect of your Generated Site, for:

• (a) preparing, publishing, and maintaining the Generated Site's own privacy policy, cookie banner and cookie policy, terms of use or terms of sale, imprint or legal notice, accessibility statement, and any other legally required notices or disclosures;
• (b) compliance with all laws applicable to the operation of the Generated Site and to the offering, marketing, sale, supply, or provision of goods or services through it to End-Users and End-Customers, whether acting as consumers or as business customers, including consumer-protection, distance-selling, commercial, sector-specific, advertising, accessibility, data-protection, e-commerce, tax, invoicing, and product-compliance laws applicable in the relevant target markets;
• (c) the accuracy, legality, and appropriateness of the content, claims, offers, pricing, availability statements, promotions, and policies published on the Generated Site;
• (d) handling enquiries, complaints, returns, refunds, cancellations, chargebacks, warranties, support obligations, and disputes with End-Users or End-Customers;
• (e) handling data-subject requests and complying with personal-data breach notification obligations in your capacity as controller, where applicable; and
• (f) assessing whether your business activities conducted through the Generated Site trigger sector-specific licensing, registration, anti-money-laundering, know-your-customer, sanctions-screening, or other regulatory obligations.

Freename's role in respect of your Generated Site is limited to the hosting, generation, deployment, and related technical services described in these Terms and in the Third-Party Services and Sub-processors document. Freename is not a party to, and accepts no responsibility for, transactions, communications, or relationships between you and any End-User or End-Customer.

7.7 Stock imagery. Images the builder inserts into a Generated Site may be sourced from Pexels GmbH under the Pexels license. Your use of those images is governed by the Pexels terms and license then in force. Freename does not grant you any broader rights in Pexels imagery than those granted by Pexels, and makes no representation as to the suitability of specific images for commercial, advertising, or trademark-sensitive uses.

8.1 Freename subdomains. Every project receives by default a Freename subdomain (for example, mybusiness.web3domain) upon deployment. Subdomains are provided for so long as your account remains active and in good standing and may be revoked on termination.

8.2 Custom domains (Web3 and traditional). You may search for, claim, and connect Custom Domains through the Platform. Domain registrations and transfers are subject to the separate terms of the applicable registrar, registry, and — for Web3 domains — the underlying blockchain infrastructure. You acknowledge that:

• Web3 domains are recorded on one or more public blockchains; registration is typically irreversible and on-chain transactions cannot be cancelled or refunded once confirmed.
• Domain availability and pricing can change between the moment of display and the moment of confirmation.
• Renewal, transfer, dispute-resolution, and recovery policies for Web3 domains differ from those of traditional DNS and may be outside Freename's control.

8.3 DNS propagation and SSL. Once a Custom Domain is connected, the Platform monitors DNS propagation at approximately 20-second intervals and, upon propagation, automatically issues an SSL certificate through our Certificate and Propagation Management System (CPMS). We use commercially reasonable efforts to maintain SSL coverage but cannot guarantee uninterrupted issuance, as this depends on third-party certificate authorities.

8.4 Business email. Domain-based business email (for example, you@yourdomain.com) may be bundled with certain plans. Availability, storage limits, and deliverability depend on our email infrastructure and external factors (such as anti-spam reputation systems).

8.5 Prohibited domain use. You must not register or use a domain through the Platform in a manner that infringes trademarks, enables phishing or fraud, impersonates a third party, or otherwise violates Section 11 or applicable law.

9.1 OAuth connection. Connecting your X account uses OAuth 2.0 with PKCE. By connecting, you authorise Freename to access the X API scopes displayed at the time of connection, and you accept X Corp.'s terms and privacy policy.

9.2 Handle availability. Handle availability, premium status, and brokerage opportunities displayed in the Platform reflect information sourced at that time. Freename does not guarantee that a handle displayed as "available" can ultimately be claimed, nor that a premium or requested handle can be acquired. The internal handle request flow submits your request to an internal fulfilment queue; it is not a guaranteed delivery commitment.

9.3 Grok content. AI Images, Ad Copy, and (where available) Video are generated via Grok. Usage limits, content policies, and availability of Grok features may change without notice and are subject to X Corp.'s own terms.

10.1 Core dependencies of the Platform. The Platform depends on the following third-party providers (the "Core Sub-processors"):

• Okta, Inc. (Auth0) — authentication and session management.
• OpenAI, L.L.C.; Anthropic, PBC; xAI Corp. — AI model providers used, depending on the feature, to generate, edit, and repair website code, text, images, videos, and ad copy. Each is contractually bound not to use Platform data to train its foundation models.
• Vercel Inc. — hosting, deployment pipeline, and custom-domain attachment for both the Platform frontend and the Generated Sites served through the Platform.
• Ahrefs Pte. Ltd. — domain-authority, traffic, and keyword metrics for the Visibility section of the Platform.

Additional AI engines (including ChatGPT, Gemini, Perplexity, and Microsoft Copilot) are probed, without a processor relationship, as part of GEO audits.

10.2 Optional Integrations. You may choose to enable one or more Optional Integrations. Each is activated only by your affirmative action, is governed primarily by the terms of the relevant third party, and — except where expressly stated below — involves Freename solely in the facilitation of the technical connection. Freename accepts no responsibility for the functioning of the underlying third-party service or for your compliance with its terms.

(a) Shopify. If you connect a Shopify store to a Freename AI project, Shopify International Limited acts as an independent controller in respect of your store data. Freename receives an OAuth token scoped to the permissions you grant and uses it to install themes and retrieve data needed for the integration to function. Freename does not act as a merchant of record for your Shopify store, and any disputes arising from sales made through that store are between you and the persons concerned (and Shopify, as applicable).

(b) Stripe Connect (where available). Where the Platform offers ecommerce functionality on a Generated Site through Stripe Connect, Stripe Payments Europe, Limited acts as an independent controller in respect of payment data. The Stripe Express account belongs to you; you onboard with Stripe directly, accept Stripe's terms, and are solely responsible for the compliance of your store with Stripe's requirements. Freename does not receive, process, or store card data, bank-account details, or other sensitive financial information of your End-Users. Freename is not a party to, and accepts no responsibility for, payments between you and your End-Users, including any chargebacks, refunds, or disputes, which are governed by your Generated Site's own policies and by Stripe's terms. Your obligations as operator under Section 7.6 apply in full to sales made through your Generated Site.

(c) Supabase. Where a Generated Site requires End-User accounts, a database, or backend logic, the Platform may connect to a Supabase environment in one of two modes: shared mode, in which Freename provisions a dedicated schema for your project inside a Supabase environment administered by Freename and acts as a processor of End-User data stored on your behalf; or dedicated mode, in which a separate Supabase project is created for you and Supabase acts as a processor directly under your instructions, while Freename facilitates setup but does not administer the runtime data. The mode applicable to a given project is identified at provisioning. Availability of each mode may evolve.

(d) Pexels. Stock images inserted into a Generated Site may be sourced from Pexels under the Pexels license, as described in Section 7.7.

(e) X (formerly Twitter) and Grok. See Section 9.

You agree not to, and not to allow any third party to:

• Use the Service to generate, publish, or distribute content that is unlawful, defamatory, infringing, fraudulent, deceptive, obscene, sexually explicit (especially involving minors), hateful, harassing, or that promotes violence or discrimination.
• Build websites or marketing content impersonating another person or entity, or misrepresenting affiliation, endorsement, or certification.
• Use the Service for phishing, malware distribution, spam, scams, pyramid schemes, unlicensed financial or medical services, or any other illegal activity.
• Probe, scrape, reverse-engineer, decompile, or attempt to extract the source code, model weights, prompts, or proprietary data underlying the Platform, except to the extent this restriction is prohibited by applicable law.
• Circumvent credit checks, rate limits, paywalls, or security mechanisms.
• Resell, sublicense, or provide the Service to third parties as a service bureau without our prior written consent.
• Use the Service to develop or train a competing product.
• Interfere with or disrupt the integrity or performance of the Service or any Third-Party Service.
• Use automated means to submit prompts at a scale that is not representative of normal human use.

We may suspend or terminate, without prior notice and without refund, accounts that violate this Section or that expose Freename, its providers, or other users to material risk.

12.1 Privacy framework. Personal data is processed in accordance with our Privacy Policy (available at freename.ai/privacy) and, where applicable, to our Data Processing Agreement. Where you are subject to the EU or UK General Data Protection Regulation or the Swiss Federal Act on Data Protection, the DPA forms part of these Terms.

12.2 Controller / processor allocation. The roles of the parties under applicable data-protection law depend on the nature of the processing activity.

• (a) Platform-level data. For personal data relating to account creation, authentication, account administration, billing, payment administration, fraud prevention, abuse monitoring, service security, product analytics, service improvement, and operation of the Platform, Freename acts as controller.
• (b) Data processed on your behalf. To the extent Freename processes personal data contained in User Content, project inputs, prompts, project configurations, form submissions, analytics data, End-User account data, or similar project-related materials solely for the purpose of providing the Service to you on your behalf, Freename acts as processor or sub-processor, as applicable, in accordance with the Data Processing Agreement.
• (c) End-User and End-Customer data. For personal data collected through the Generated Site or through integrations operated on your behalf, you act as controller, and Freename acts as your processor only to the extent Freename processes such personal data on your behalf.
• (d) Direct relationships with third parties. For Supabase dedicated mode, Stripe Connect, Shopify, X, and other third-party services with which you enter into a direct relationship, the relevant third party processes personal data under its own terms and privacy framework. In such cases, Freename does not act as processor unless expressly stated otherwise.
• (e) Generated Site operator status. In all cases, as between you and Freename, you remain solely responsible as operator of the Generated Site vis-à-vis your End-Users and End-Customers, as set out in Section 7.6.

12.3 Data retention. On account deletion, your User Content, Business DNA, audit history, and related personal data will be deleted within 90 days, subject to (a) legal retention obligations (for example, accounting, tax, anti-money-laundering records), (b) backups that are overwritten in the ordinary course, and (c) aggregated or de-identified data that no longer identifies you.

12.4 International transfers. Because certain sub-processors are located outside Switzerland and the EEA (notably the AI model providers and the deployment platform), personal data may be transferred to third countries. Such transfers are carried out on the basis of appropriate safeguards, including the European Commission's Standard Contractual Clauses, the Swiss supplementary provisions, the UK Addendum, and (where applicable) the EU–US Data Privacy Framework, as detailed in the document referenced in Section 10.

Each party will protect the other party's non-public information disclosed in connection with these Terms with the same care it uses for its own confidential information of like sensitivity, and in any case no less than reasonable care. This Section does not restrict disclosures required by law, subject to the recipient giving prompt notice where legally permitted.

Freename retains all rights in the Platform, including its software, AI pipelines, Business DNA framework, Certificate and Propagation Management System (CPMS), probe infrastructure, trademarks, and documentation. Nothing in these Terms transfers any rights in the Platform itself to you. You may not remove or alter proprietary notices. "Freename" is a trademark of Freename AG.

Freename uses commercially reasonable efforts to keep the Platform available and to ensure continuity of the Service. Because the Platform relies on Third-Party Services for hosting, deployment, AI inference, domain infrastructure, and SSL provisioning, Freename does not warrant any specific uptime percentage and does not commit to service credits for downtime. The Service is provided on an "as available" basis.

To the maximum extent permitted by law, the Service is provided "AS IS" and "AS AVAILABLE", without warranties of any kind, whether express, implied, or statutory, including warranties of merchantability, fitness for a particular purpose, non-infringement, accuracy, uptime, ranking results, traffic outcomes, AI-engine citations, compatibility with specific devices or browsers, or security against all threats. Some jurisdictions do not allow the exclusion of certain warranties; in those jurisdictions, the exclusions in this Section apply to the maximum extent permitted.

To the maximum extent permitted by applicable law:

• Neither party will be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, lost revenue, lost data, loss of goodwill, or business interruption, even if advised of the possibility of such damages.
• Our total aggregate liability under or in connection with these Terms, whether in contract, tort (including negligence), or otherwise, will not exceed the greater of (a) the amount paid by you to Freename for the Service in the 12 months preceding the event giving rise to the claim, or (b) CHF 500.
• The limitations in this Section do not apply to liability that cannot be excluded under mandatory law (including, where applicable, liability for death or personal injury caused by negligence, gross negligence, wilful misconduct, or fraud).

You will defend, indemnify, and hold harmless Freename, its affiliates, directors, officers, employees, and agents from and against any third-party claims, damages, liabilities, losses, fines, penalties, and reasonable costs and expenses, including reasonable legal fees, arising out of or in connection with:

• (a) your use of the Service in breach of these Terms or applicable law;
• (b) your User Content;
• (c) your Generated Site, including claims that its published content, offers, sales practices, products, services, policies, or operations violate applicable law or third-party rights;
• (d) claims by End-Users or End-Customers arising from your goods, services, transactions, refunds, chargebacks, warranties, product liability, misleading statements, commercial practices, or regulatory compliance;
• (e) disputes concerning domain registrations, handle claims, marketplace listings, Optional Integrations, or third-party accounts initiated, requested, or enabled by you; or
• (f) your failure to obtain the rights, consents, notices, or approvals required for content, data, business activities, or target markets connected with your use of the Service.

Freename will promptly notify you of any claim for which it seeks indemnification, provide reasonable cooperation at your expense, and allow you to control the defence and settlement of the claim, provided that you may not settle any claim in a manner that imposes liability, admissions, non-monetary obligations, or restrictions on Freename without Freename's prior written consent.

This Section does not apply to the extent a claim arises directly from:

• (i) Freename's standard platform materials, templates, or code provided without modification by you;
• (ii) Freename's own breach of these Terms or applicable law; or
• (iii) Freename's gross negligence, wilful misconduct, or fraud.

19.1 Term. These Terms begin when you first access the Service and continue until terminated in accordance with this Section.

19.2 Termination by you. You may terminate at any time by cancelling your Subscription Plan and deleting your account from the billing page.

19.3 Termination by us. We may suspend or terminate your access immediately if (a) you materially breach these Terms, (b) you fail to pay fees when due, (c) we reasonably believe your use harms us, other users, or third parties, (d) we are required to do so by law or by a Third-Party Service, or (e) a Third-Party Service necessary to provide a feature is discontinued and cannot reasonably be replaced.

19.4 Effect of termination. Upon termination: your access to the Platform ceases; Generated Sites hosted on Freename subdomains may become unavailable; Custom Domains you own remain yours, subject to the relevant registrar's terms; your data will be deleted within 90 days, subject to Section 12.3. Sections that by their nature survive termination (including 5.4, 5.5, 6.2, 7, 11, 13, 14, 16, 17, 18, 19.4, 20, and 22) will survive.

These Terms are governed by the substantive laws of Switzerland, excluding its conflict-of-laws rules and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Any dispute arising out of or in connection with these Terms will be submitted to the exclusive jurisdiction of the ordinary courts of Wollerau, Switzerland, subject to appeal to the Swiss Federal Supreme Court where applicable.

Mandatory consumer-protection rights available to Consumers in their country of habitual residence are not affected by this Section. In particular, Consumers domiciled in the European Union, the European Economic Area, the United Kingdom, or Switzerland may bring proceedings against Freename before the courts of their place of residence where provided by mandatory law.

We may update these Terms from time to time. Material changes will be notified by email or in-app notice at least 30 days before taking effect. Continued use of the Service after the effective date constitutes acceptance. If you do not accept the updated Terms, your sole remedy is to stop using the Service and cancel your subscription.

• Entire agreement. These Terms, together with the Privacy Policy, the DPA (where applicable), the Third-Party Services and Sub-processors document, and any plan-specific terms, constitute the entire agreement between you and Freename regarding the Service.
• Severability. If any provision is held invalid, the remaining provisions remain in effect.
• No waiver. Failure to enforce any right is not a waiver.
• Assignment. You may not assign these Terms without our consent. We may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.
• Force majeure. Neither party is liable for delays or failures caused by events beyond its reasonable control, including internet or cloud-provider outages, AI-model provider disruptions, and blockchain-level incidents affecting Web3 domains.
• Notices. Notices to you will be sent to the email on file; notices to us must be sent to legal@freename.com with a copy to our registered address.
• Language. These Terms are drafted in English. Translations, if any, are provided for convenience; the English version prevails.

Freename AG
Samstagernstrasse 41
8832 Wollerau
Switzerland

General enquiries: support@freename.com

Legal notices: legal@freename.com

Privacy and data-protection: privacy@freename.com

Security and account incidents: security@freename.com

You may exercise your data-subject rights (access, rectification, erasure, restriction, objection, portability) by contacting privacy@freename.com. You may also lodge a complaint with the Swiss Federal Data Protection and Information Commissioner (FDPIC) or with the supervisory authority of your habitual residence in the EU or the UK.