Welcome to the Terms and Conditions of www.fondaro.com. This document will help you understand how you can use our services and what you can expect from us.

Owner and Data Controller

Advertia LLC 8 The Green, Suite A Dover, DE 19901

Contact email: support@fondaro.com

Introduction

These Terms govern the use of this Application and any other related Agreement or legal relationship with the Owner in a legally binding way. Capitalized words are defined in the relevant dedicated section of this document.

The User must read this document carefully.

"This Application" refers to:

• This website, including its subdomains and any other website through which the Owner makes its Service available
• The Application Program Interfaces (API)
• The Service

What the User Should Know at a Glance

• Usage of this Application and the Service is age restricted: to access and use this Application and its Service the User must be an adult under applicable law.
• Certain provisions may only apply to Consumers or to those Users that do not qualify as Consumers. Such limitations are always explicitly mentioned within each affected clause.
• The right of withdrawal only applies to European Consumers.
• This Application offers two pricing models: Lead Plans (pay per lead delivered) and Subscription Plans (pay per team member seat). Users may subscribe to either or both.
• Credits purchased through this Application expire three (3) months from the date of purchase. Expired credits are forfeited and non-refundable.
• The Application includes AI-powered features. Users are solely responsible for reviewing and verifying any AI-generated content before use.
• The Application includes telephony features such as call recording. Users are solely responsible for complying with applicable call recording consent and telemarketing laws in their jurisdiction.

Terms of Use

Unless otherwise specified, the terms of use detailed in this section apply generally when using this Application. Single or additional conditions of use or access may apply in specific scenarios and in such cases are additionally indicated within this document.

By using this Application, Users confirm to meet the following requirements:

• There are no restrictions for Users in terms of being Consumers or Business Users
• Users must be recognized as adult by applicable law

Account Registration

To use the Service Users must register or create a User account, providing all required data or information in a complete and truthful manner. Failure to do so will cause unavailability of the Service.

Users are responsible for keeping their login credentials confidential and safe. For this reason, Users are also required to choose passwords that meet the highest standards of strength permitted by this Application.

By registering, Users agree to be fully responsible for all activities that occur under their username and password. Users are required to immediately and unambiguously inform the Owner via the contact details indicated in this document if they think their personal information, including but not limited to User accounts, access credentials or personal data, have been violated, unduly disclosed or stolen.

Account Termination

Users can terminate their account and stop using the Service at any time by directly contacting the Owner at the contact details provided in this document, or by using the corresponding controls inside this Application.

Effects of account termination on paid services:

• Any remaining credit balance is forfeited upon account termination. Unused credits are not refundable.
• Active Subscription Plans are cancelled immediately upon account termination. No prorated refunds are issued for the unused portion of the current billing period, except where required by applicable law.
• Active Lead Plan subscriptions are cancelled immediately. No further leads will be delivered after termination.
• The User is responsible for any outstanding charges or negative balances at the time of termination. The Owner reserves the right to charge the User's payment method on file for any amounts owed.

Account Suspension and Deletion

The Owner reserves the right, at its sole discretion, to suspend or delete at any time and without notice, User accounts that it deems inappropriate, offensive or in violation of these Terms.

The suspension or deletion of User accounts shall not entitle Users to any claims for compensation, damages or reimbursement. The suspension or deletion of accounts due to causes attributable to the User does not exempt the User from paying any applicable fees or prices.

Content on This Application

Unless where otherwise specified or clearly recognizable, all content available on this Application is owned or provided by the Owner or its licensors.

The Owner undertakes its utmost effort to ensure that the content provided on this Application infringes no applicable legal provisions or third-party rights. However, it may not always be possible to achieve such a result. In such cases, without prejudice to any legal prerogatives of Users to enforce their rights, Users are kindly asked to preferably report related complaints using the contact details provided in this document.

Rights Regarding Content - All Rights Reserved

The Owner holds and reserves all intellectual property rights for any such content.

Users may not, therefore, use such content in any way that is not necessary or implicit in the proper use of the Service. In particular, but without limitation, Users may not copy, download, share (beyond the limits set forth below), modify, translate, transform, publish, transmit, sell, sublicense, edit, transfer/assign to third parties or create derivative works from the content available on this Application, nor allow any third party to do so through the User or their device, even without the User's knowledge.

Where explicitly stated on this Application, the User may download, copy and/or share some content available through this Application for its sole personal and non-commercial use and provided that the copyright attributions and all the other attributions requested by the Owner are correctly implemented.

Any applicable statutory limitation or exception to copyright shall stay unaffected.

Access to External Resources

Through this Application Users may have access to external resources provided by third parties. Users acknowledge and accept that the Owner has no control over such resources and is therefore not responsible for their content and availability.

Conditions applicable to any resources provided by third parties, including those applicable to any possible grant of rights in content, result from each such third parties' terms and conditions or, in the absence of those, applicable statutory law.

Acceptable Use

This Application and the Service may only be used within the scope of what they are provided for, under these Terms and applicable law.

Users are solely responsible for making sure that their use of this Application and/or the Service violates no applicable law, regulations or third-party rights.

Therefore, the Owner reserves the right to take any appropriate measure to protect its legitimate interests including denying Users access to this Application or the Service, terminating contracts, reporting any misconduct performed through this Application or the Service to the competent authorities whenever Users are suspected to be in violation of any laws, regulations, third-party rights and/or these Terms.

Conduct Restrictions

Users may not engage in any of the following activities:

• Pretending to fulfill any possible condition or requirements for accessing this Application and/or using the Services
• Concealing their identity or stealing someone else's identity
• Manipulating identifiers to disguise or otherwise conceal the origin of their messages or content
• Defaming, abusing, harassing, using threatening practices, or violating the legal rights of others
• Promoting activity that may endanger the User's life or the life of any other User or lead to physical harm
• Probing, scanning or testing the vulnerability of this Application, or breaching security or authentication measures
• Installing, embedding, uploading or otherwise incorporating any malware into or via this Application
• Using this Application or the technical infrastructure in an abusive, excessive or otherwise inappropriate way
• Attempting to disrupt or tamper with the technical infrastructure
• Pretending to purchase any Products without any real intent to do so
• Failing to pay for Products purchased

Excessive Use of the Service

Using a resource of this Application excessively in relation to other Users may result in the Owner suspending the User's account or limiting the related activity until the User reduces the excessive consumption.

Excessive Use of the API

Sending abusive or excessively frequent requests to the Service via the API may result in temporary or permanent suspension of API access. The Owner will make a reasonable attempt to alert the User prior to suspension.

Scraping

Adopting any automated process to extract, harvest or scrape information, data and/or content from this Application is prohibited unless explicitly allowed by the Owner.

Content Restrictions

Users may not:

• Disseminate or publish content that is unlawful, obscene, illegitimate, libelous or inappropriate
• Publish any content that promotes hate, racism, discrimination, pornography, or violence
• Disseminate or publish any content that is false or may create unjustified alarm
• Use this Application to publish content protected by intellectual property laws without the legitimate right-holder's consent
• Publish any content or carry out any activity that disrupts, interrupts, harms, or otherwise violates the integrity of this Application or another User's experience

Commercial Use Restrictions

Users may not:

• Register or use this Application in order to promote, sell or advertise products or services of any kind
• Indicate or try to imply that a User stands in a qualified relationship with this Application or that this Application has endorsed the User

Prohibition of Child Sexual Abuse and Exploitation

Creating, uploading, or distributing content that facilitates the exploitation or abuse of children is expressly prohibited.

API Usage Terms

Users may access their data relating to this Application via the Application Program Interface (API). Any use of the API, including use through a third-party product/service, is bound by these Terms and the following:

The User expressly understands and agrees that the Owner bears no responsibility and shall not be held liable for any damages or losses resulting from the User's use of the API or their use of any third-party products/services that access data through the API.

AI-Powered Features

This Application provides features that use artificial intelligence and machine learning, including but not limited to AI-generated content, automated lead engagement, AI agent workflows, and AI-assisted support.

No Guarantee of Accuracy

AI-generated outputs, including text, recommendations, and automated actions, are produced by machine learning models and may contain errors, inaccuracies, or inappropriate content. The Owner does not warrant the accuracy, completeness, reliability, or suitability of any AI-generated output for any particular purpose.

User Responsibility

The User is solely responsible for reviewing, verifying, and approving all AI-generated content before publishing, sending, or otherwise relying on it. This includes but is not limited to marketing copy, email drafts, property descriptions, and any content generated for use on the User's hosted website or in communications with leads and clients.

The User agrees not to use AI features of the Application in any manner that violates applicable law, including laws relating to misleading advertising, consumer protection, or data privacy.

Limitation of Liability for AI Outputs

To the maximum extent permitted by applicable law, the Owner shall not be liable for any damages, losses, or claims arising from the User's reliance on or use of AI-generated content, including but not limited to inaccuracies in generated content, actions taken by automated AI agents, or third-party claims resulting from AI-generated outputs published or distributed by the User.

Telephony and Call Recording

This Application provides telephony features, including but not limited to a power dialer, click-to-call, call recording, voicemail drop, and automated calling workflows.

User Compliance Obligations

The User is solely responsible for ensuring that their use of the Application's telephony features complies with all applicable laws and regulations in each jurisdiction where calls are placed or received. This includes but is not limited to:

• Call recording consent laws. Many jurisdictions require the consent of one or all parties to a telephone conversation before it may be recorded. The User must obtain all required consents before enabling or using call recording features. The Owner does not obtain consent on the User's behalf.
• Telemarketing and do-not-call regulations. The User must comply with all applicable telemarketing laws, including the Telephone Consumer Protection Act (TCPA) in the United States, the General Data Protection Regulation (GDPR) in the European Union, ePrivacy regulations, and any equivalent national or local laws. This includes maintaining and honoring do-not-call lists, observing calling hour restrictions, and providing required disclosures.
• Caller identification. The User must not use the Application's telephony features to spoof, falsify, or misrepresent caller identification information in violation of applicable law.

Indemnification for Telephony Use

The User agrees to indemnify and hold the Owner harmless from and against any claims, damages, fines, penalties, or expenses (including legal fees) arising from the User's use of the Application's telephony features in violation of applicable laws or regulations.

No Legal Advice

The Owner does not provide legal advice regarding call recording consent, telemarketing compliance, or any other regulatory matter. The User is encouraged to seek independent legal counsel to ensure compliance with the laws applicable to their use of the Service.

Lead Usage Restrictions

Leads delivered through this Application are provided solely for the User's own business use in connection with the Service. The User agrees to the following restrictions:

• No resale or redistribution. The User may not sell, resell, sublicense, distribute, or otherwise transfer leads to any third party, whether for compensation or otherwise, without the prior written consent of the Owner.
• No sharing outside the organization. Leads are assigned to the subscribing organization and may only be accessed and used by authorized team members within that organization. The User may not share lead contact information with individuals or entities outside their organization.
• Permitted use only. The User may only use leads for the purposes of direct real estate or business engagement as facilitated by the Application. The User may not use leads for unsolicited bulk communications, data mining, profiling unrelated to the Service, or any purpose that violates applicable law.
• Data protection. The User must handle all lead data in accordance with applicable data protection and privacy laws, including the GDPR where applicable. The User is the data controller with respect to lead data they receive and process through the Service.

Violation of these restrictions may result in immediate suspension or termination of the User's account and Lead Plan subscriptions, without refund.

Hosted Websites

This Application may provide Users with a hosted website as part of a Subscription Plan or as an included feature of the Service. Hosted websites are published on subdomains or domains managed by the Owner.

User Content Responsibility

The User is solely responsible for all content published on their hosted website, including but not limited to text, images, property listings, testimonials, and contact information. The User warrants that all content published on their hosted website:

• Is accurate and not misleading
• Does not infringe on the intellectual property rights of any third party
• Complies with all applicable laws and regulations, including real estate advertising rules, fair housing laws, consumer protection laws, and data privacy regulations
• Does not contain any content that is unlawful, defamatory, obscene, or otherwise objectionable

Owner's Right to Remove Content

The Owner reserves the right, but is not obligated, to review, monitor, or remove any content on a User's hosted website that the Owner, in its sole discretion, determines to be in violation of these Terms, applicable law, or the rights of any third party. The Owner will make reasonable efforts to notify the User before removing content, except where immediate removal is necessary to comply with legal obligations or to prevent harm.

No Guarantee of Availability

Hosted websites are provided as part of the Service and are subject to the same availability, interruption, and discontinuation provisions described in the "Service Interruption" section of these Terms. The Owner does not guarantee any specific level of uptime for hosted websites.

Termination of Hosted Websites

Upon termination of the User's account or cancellation of the applicable Subscription Plan, the User's hosted website will be taken offline. The Owner is not obligated to retain or provide access to hosted website content after account termination. The User is advised to maintain independent backups of any content published on their hosted website.

Terms and Conditions of Sale

Paid Products

Some of the Products provided on this Application, as part of the Service, are provided on the basis of payment. The fees, duration and conditions applicable to the purchase of such Products are described below and in the dedicated sections of this Application.

Product Description

Prices, descriptions or availability of Products are outlined in the respective sections of this Application and are subject to change without notice.

While Products on this Application are presented with the greatest accuracy technically possible, representation through any means is for reference only and implies no warranty as to the characteristics of the purchased Product. The characteristics of the chosen Product will be outlined during the purchasing process.

Purchasing Process

Any steps taken from choosing a Product to order submission form part of the purchasing process, including:

• Users must choose the desired Product and verify their purchase selection
• After having reviewed the information displayed in the purchase selection, Users may place the order by submitting it

Order Submission

When the User submits an order:

• The submission of an order determines contract conclusion and creates for the User the obligation to pay the price, taxes and possible further fees and expenses
• In case the purchased Product requires an action from the User, such as the provision of personal information or data, the order submission creates an obligation for the User to cooperate accordingly
• Upon submission of the order, Users will receive a receipt confirming that the order has been received

All notifications related to the purchasing process shall be sent to the email address provided by the User.

Prices

Users are informed during the purchasing process and before order submission about any fees, taxes and costs that they will be charged. Prices on this Application are displayed either exclusive or inclusive of any applicable fees, taxes and costs, depending on the section the User is browsing.

Methods of Payment

Information related to accepted payment methods is made available during the purchasing process. Some payment methods may only be available subject to additional conditions or fees.

All payments are independently processed through third-party services. Therefore, this Application does not collect any payment information -- such as credit card details -- but only receives a notification once the payment has been successfully completed.

If a payment through the available methods fails or is refused by the payment service provider, the Owner shall be under no obligation to fulfill the purchase order. If a payment fails or is refused, the Owner reserves the right to claim any related expenses or damages from the User.

Retention of Usage Rights

Users do not acquire any rights to use the purchased Product until the total purchase price is received by the Owner.

Delivery

The purchased service shall be performed or made available within the timeframe specified on this Application or as communicated before the order submission.

Service Plans

This Application offers two distinct pricing models. Users may subscribe to either or both, depending on their needs.

Lead Plans (Pay Per Lead)

Lead Plans allow Users to receive qualified leads on a usage-based pricing model. Under a Lead Plan, the User subscribes to one or more Lead Groups (geographic regions with specific lead types) and pays only for leads actually delivered.

How Lead Plans work:

• Each Lead Group has a published price per lead, which may vary by region, lead type, and market conditions. The Owner reserves the right to adjust lead pricing at any time. Current pricing is displayed within the Application before the User subscribes.
• The User sets a monthly budget for each Lead Group subscription. Leads are delivered up to the budget limit each calendar month.
• When the User's monthly spending reaches the budget limit, the subscription is automatically paused for the remainder of that billing period. Paused subscriptions are automatically reactivated at the start of the next billing period.
• The User may adjust their monthly budget or manually pause and resume subscriptions at any time through the Application.
• Lead costs are deducted from the User's credit balance (see "Credits and Credit Balances" below).

No guaranteed lead volume. The Owner does not guarantee a specific number or frequency of leads. Lead availability depends on market conditions, geographic area, and other factors outside the Owner's control.

Lead exclusivity and reassignment. Leads delivered under a Lead Plan are assigned to the subscribing organization. The Owner reserves the right to reassign leads in certain circumstances, such as when a lead is unresponsive to the original assignee. Where a lead is reassigned, a corresponding credit adjustment may be applied to the original assignee's balance.

Subscription Plans (Pay Per Seat)

Subscription Plans provide ongoing access to the platform's tools and features on a recurring billing basis, charged per team member seat.

How Subscription Plans work:

• The User selects a Subscription Plan and a number of seats. Each seat grants access for one team member within the User's organization.
• Plans may define a minimum number of seats. The User must maintain at least the minimum seat count for the selected plan.
• Billing occurs on a recurring basis (monthly or annually, depending on the plan selected) and is processed automatically through the third-party payment provider.
• The User may add or remove seats at any time. Changes to seat count take effect immediately, and charges are prorated for the remainder of the current billing cycle.

Cancellation of Subscription Plans. Users may cancel their Subscription Plan at any time using the controls within the Application. Unless the User elects immediate cancellation, cancellation takes effect at the end of the current billing period, and the User retains access to platform features until that date. Users may reactivate a pending cancellation before the billing period ends.

Subscription renewals. Subscription Plans renew automatically at the end of each billing period unless cancelled. The Owner will attempt to process the renewal payment using the payment method on file. If the payment fails, the Owner may retry the charge. Continued failure to pay may result in suspension or termination of the subscription.

Credits and Credit Balances

The Application uses a prepaid credit system to facilitate usage-based charges, including but not limited to lead purchases, voice calling, AI agent usage, and phone number rentals.

Purchasing Credits

Credits are added to the User's organization balance when payments are successfully processed. Each credit purchase creates a distinct credit bucket associated with the payment.

Credits are denominated in the currency of the originating payment (USD or EUR).

Credit Expiration

Credits expire three (3) months from the date of purchase. Each credit bucket has its own expiration date, calculated from the date the corresponding payment was received.

• The Owner will send email notifications at approximately thirty (30) days, seven (7) days, and one (1) day before a credit bucket expires.
• Upon expiration, any remaining balance in the credit bucket is forfeited and deducted from the User's organization balance. Expired credits cannot be recovered, refunded, or reinstated.
• The User can view the status and expiration dates of all active credit buckets within the Application.

Credit Consumption

When a usage-based charge occurs (such as a lead purchase), credits are consumed from the User's available credit buckets in order of earliest expiration first (first-expiring, first-out). If multiple buckets share the same expiration date, the oldest bucket is consumed first.

If the User's credit balance is insufficient to cover a charge, the charge may still be processed, resulting in a negative balance. A negative balance must be replenished before additional services are provided.

Automatic Recharge

To ensure uninterrupted service, the Application may automatically recharge the User's credit balance when it falls below a predefined threshold. By using the Service, the User agrees to the following automatic recharge terms:

• When the User's balance falls below the recharge threshold, the system will automatically charge the User's payment method on file for the configured recharge amount.
• Default recharge settings are displayed within the Application and may be updated by the Owner.
• If an automatic recharge payment fails, the system will retry up to three (3) times over several days. After three consecutive failures, automatic recharging is suspended until the User updates their payment method or contacts support.
• The User will be notified by email when an automatic recharge payment fails.

No Refunds on Credits

Credits are non-refundable except where required by applicable law or as explicitly stated in these Terms (such as lead reassignment adjustments). Unused credits that expire are not eligible for refund or credit.

Provision of Personal Data

To access or receive some of the Products provided via this Application, Users may be required to provide their personal data as indicated on this Application.

User Rights

Right of Withdrawal (European Consumers)

Unless exceptions apply, Users who are European Consumers are granted a statutory withdrawal right under EU rules to withdraw from contracts entered into online (distance contracts) within 14 days, for any reason and without justification.

Users that do not fit this qualification cannot benefit from the rights described in this section.

Exercising the Right of Withdrawal

To exercise their right of withdrawal, Users must send to the Owner an unequivocal statement of their intention to withdraw from the contract. Users may use the model withdrawal form available in the Definitions section of this document, or express their intention in any other suitable way.

To meet the deadline, Users must send the withdrawal notice before the withdrawal period expires.

When does the withdrawal period expire?

Regarding the purchase of a service, the withdrawal period expires 14 days after the day that the contract is entered into, unless the User has waived the withdrawal right.

Effects of Withdrawal

Users who correctly withdraw from a contract will be reimbursed by the Owner for all payments made to the Owner, including those covering the costs of delivery (except additional costs resulting from choosing a particular delivery method other than the least expensive standard delivery).

Such reimbursement shall be made without undue delay and no later than 14 days from the day on which the Owner is informed of the User's decision to withdraw. Reimbursements will be made using the same means of payment as used to process the initial transaction.

Where a User exercises the right of withdrawal after having requested that the service be performed before the withdrawal period expires, the User shall pay to the Owner an amount proportional to the part of service provided.

Exceptions from the Right of Withdrawal

The right of withdrawal does not apply to contracts:

• For the provision of services, after the service has been fully performed, if performance began with the Consumer's prior express consent and acknowledgement that their right of withdrawal is lost once the service has been fully performed
• For the supply of digital content not supplied on a tangible medium, if performance began with the Consumer's prior express consent and acknowledgement that their right of withdrawal is thereby lost

Right to Cancel (UK Consumers)

Unless exceptions apply, Users who are Consumers in the United Kingdom have a legal right of cancellation under UK law and may be eligible to withdraw from contracts made online within 14 days, for any reason and without justification.

The exercising process, effects, and exceptions mirror those described for European Consumers above.

Right of Regret (Brazilian Consumers)

Users who are Consumers in Brazil have a legal right of regret under Brazilian law. This means the Consumer has the right to withdraw from contracts made online within seven (7) days of the date the contract was entered into or the receipt of the product or service.

The regret period expires seven (7) days after the day that the contract is entered into and only if the service has not yet been provided.

Guarantees

Legal Guarantee of Conformity for Digital Products (EU)

Under EU law, for a minimum period of 2 years from delivery (or for the entire supply period if Digital Products are supplied continuously for more than 2 years), traders guarantee conformity of the Digital Products they provide to Consumers.

Where Users qualify as European Consumers, the legal guarantee of conformity applies to the Digital Products available on this Application in accordance with the laws of the country of their habitual residence.

Forfeiture of conformity claims: Where the Owner provides updates to the Digital Product, the User is required to install all such updates according to the instructions provided. Failure to install any such updates may result in forfeiture of conformity claims.

Legal Guarantee for Services (Brazilian Consumers)

The legal guarantee applicable to services sold by this Application complies with the following terms according to the Consumer Protection Code:

• Non-durable services: thirty-day (30 day) guarantee
• Durable services: ninety-day (90 day) guarantee

The warranty period starts from the end of the performance of services.

Liability and Indemnification

Unless otherwise explicitly stated or agreed with Users, the Owner's liability for damages in connection with the execution of the Agreement shall be excluded, limited and/or reduced to the maximum extent permitted by applicable law.

Indemnification

The User agrees to indemnify and hold the Owner and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners and employees harmless from and against any claim or demand -- including lawyer's fees and costs -- made by any third party due to or in relation with any culpable violation of these Terms, third-party rights or statutory provisions connected to the use of the Service by the User.

Limitation of Liability

Unless otherwise explicitly stated and without prejudice to applicable law, Users shall have no right to claim damages against the Owner (or any natural or legal person acting on its behalf).

This does not apply to damages to life, health or physical integrity, damages resulting from the breach of material contractual obligations, and/or damages resulting from intent or gross negligence, as long as this Application has been appropriately and correctly used by the User.

Unless damages have been caused by way of intent or gross negligence, or they affect life, health or physical integrity, the Owner shall only be liable to the extent of typical and foreseeable damages at the moment the contract was entered into.

Australian Users

Nothing in these Terms excludes, restricts or modifies any guarantee, condition, warranty, right or remedy which the User may have under the Competition and Consumer Act 2010 (Cth) or any similar state and territory legislation and which cannot be excluded, restricted or modified (non-excludable right).

To the fullest extent permitted by law, our liability to the User, including liability for a breach of a non-excludable right, is limited, at the Owner's sole discretion, to the re-performance of the services or the payment of the cost of having the services supplied again.

US Users

Disclaimer of Warranties

This Application is provided strictly on an "as is" and "as available" basis. Use of the Service is at Users' own risk. To the maximum extent permitted by applicable law, the Owner expressly disclaims all conditions, representations, and warranties -- whether express, implied, statutory or otherwise, including any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third-party rights.

The Owner, its subsidiaries, affiliates, licensors, officers, directors, agents, co-branders, partners, suppliers and employees do not warrant that the content is accurate, reliable or correct; that the Service will meet Users' requirements; that the Service will be available at any particular time or location, uninterrupted or secure; that any defects or errors will be corrected; or that the Service is free of viruses or other harmful components.

Federal law, some states, and other jurisdictions do not allow the exclusion and limitations of certain implied warranties. The above exclusions may not apply to Users.

Limitations of Liability

To the maximum extent permitted by applicable law, in no event shall the Owner, and its subsidiaries, affiliates, officers, directors, agents, co-branders, partners, suppliers and employees be liable for any indirect, punitive, incidental, special, consequential or exemplary damages, including without limitation damages for loss of profits, goodwill, use, data or other intangible losses, arising out of or relating to the use of, or inability to use, the Service.

In no event shall the Owner be liable for any claims, proceedings, liabilities, obligations, damages, losses or costs in an amount exceeding the amount paid by User to the Owner in the preceding 12 months, or the period of duration of this agreement, whichever is shorter.

Some jurisdictions do not allow the exclusion or limitation of incidental or consequential damages, therefore the above limitations or exclusions may not apply to the User.

Indemnification (US Users)

The User agrees to defend, indemnify and hold the Owner harmless from and against any and all claims or demands, damages, obligations, losses, liabilities, costs or debt, and expenses, including legal fees, arising from User's use of and access to the Service, User's violation of these terms, User's violation of any third-party rights, User's violation of any statutory law, any content submitted from User's account, or User's willful misconduct.

Common Provisions

No Waiver

The Owner's failure to assert any right or provision under these Terms shall not constitute a waiver of any such right or provision. No waiver shall be considered a further or continuing waiver of such term or any other term.

Service Interruption

To ensure the best possible service level, the Owner reserves the right to interrupt the Service for maintenance, system updates or any other changes, informing the Users appropriately.

Within the limits of law, the Owner may also decide to suspend or discontinue the Service altogether. If the Service is discontinued, the Owner will cooperate with Users to enable them to withdraw personal data or information and will respect Users' rights relating to continued product use and/or compensation, as provided for by applicable law.

The Service might not be available due to reasons outside the Owner's reasonable control, such as "force majeure" events. The Owner undertakes to inform the User with at least 7 days' notice in advance, whenever possible.

Service Reselling

Users may not reproduce, duplicate, copy, sell, resell or exploit any portion of this Application and of its Service without the Owner's express prior written permission.

Privacy Policy

To learn more about the use of their personal data, Users may refer to the privacy policy of this Application.

Intellectual Property Rights

Any intellectual property rights, such as copyrights, trademark rights, patent rights and design rights related to this Application are the exclusive property of the Owner or its licensors and are subject to the protection granted by applicable laws or international treaties relating to intellectual property.

All trademarks and all other marks, trade names, service marks, word marks, illustrations, images, or logos appearing in connection with this Application are, and remain, the exclusive property of the Owner or its licensors.

Changes to These Terms

The Owner reserves the right to amend or otherwise modify these Terms at any time. In such cases, the Owner will appropriately inform the User of these changes.

Such changes will only affect the relationship with the User from the date communicated to Users onwards. The continued use of the Service will signify the User's acceptance of the revised Terms. If Users do not wish to be bound by the changes, they must stop using the Service and may terminate the Agreement.

If legally required, the Owner will notify Users in advance of when the modified Terms will take effect.

Assignment of Contract

The Owner reserves the right to transfer, assign, dispose of by novation, or subcontract any or all rights or obligations under these Terms, taking the User's legitimate interests into account.

Users may not assign or transfer their rights or obligations under these Terms in any way, without the written permission of the Owner.

Contacts

All communications relating to the use of this Application must be sent using the contact information stated in this document.

Severability

Should any provision of these Terms be deemed or become invalid or unenforceable under applicable law, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions, which shall remain in full force and effect.

US Users: Any such invalid or unenforceable provision will be interpreted, construed and reformed to the extent reasonably required to render it valid, enforceable and consistent with its original intent. These Terms constitute the entire Agreement between Users and the Owner with respect to the subject matter hereof.

EU Users: Should any provision of these Terms be or be deemed void, invalid or unenforceable, the parties shall do their best to find, in an amicable way, an agreement on valid and enforceable provisions thereby substituting the void, invalid or unenforceable parts.

Governing Law

These Terms are governed by the law of the place where the Owner is based, as disclosed in the relevant section of this document, without regard to conflict of laws principles.

However, if the law of the country that the User is located in provides for higher applicable consumer protection standards, such higher standards shall prevail.

• Exception for Consumers in Switzerland: Swiss law will apply.
• Exception for Consumers in Brazil: Brazilian law will apply if the product and/or service is commercialized in Brazil.

Venue of Jurisdiction

The exclusive competence to decide on any controversy resulting from or connected to these Terms lies with the courts of the place where the Owner is based.

• Exception for Consumers in Europe: The above does not apply to any Users that qualify as European Consumers, nor to Consumers based in the United Kingdom, Switzerland, Norway or Iceland.
• Exception for Consumers in Brazil: The above does not apply to Users in Brazil that qualify as Consumers.

Accessibility

The Owner is committed to making the content accessible to Users with disabilities. If Users have a disability and are unable to access any portion of this Application due to their disability, they should give a notice including a detailed description of the issue encountered. If the issue is readily identifiable and resolvable in accordance with industry-standard information technology tools and techniques, the Owner commits to promptly address it.

Dispute Resolution

Amicable Dispute Resolution

Users may bring any disputes to the Owner who will try to resolve them amicably.

While Users' right to take legal action shall always remain unaffected, in the event of any controversy regarding the use of this Application or the Service, Users are kindly asked to contact the Owner at the contact details provided in this document.

The User may submit the complaint including a brief description and if applicable, the details of the related order, purchase, or account, to the Owner's email address specified in this document.

The Owner will process the complaint without undue delay and within 2 days of receiving it.

Definitions

• This Application: The property that enables the provision of the Service.
• Agreement: Any legally binding or contractual relationship between the Owner and the User, governed by these Terms.
• Business User: Any User that does not qualify as a Consumer.
• Consumer: Any User qualifying as such under applicable law.
• Credit Bucket: A discrete allocation of prepaid credits associated with a single payment, each with its own expiration date.
• Digital Product: A Product that consists of content produced and supplied in digital form; and/or a service that allows for the creation, processing, storing or accessing data in a digital form.
• Hosted Website: A website provided to the User by the Owner as part of the Service, published on a subdomain or domain managed by the Owner.
• Lead: A prospective customer contact delivered to the User through the Application's lead generation service.
• Lead Group: A defined geographic region and lead type category to which Users may subscribe under a Lead Plan.
• Lead Plan: A usage-based pricing model under which Users pay per lead delivered, as described in the "Service Plans" section.
• Owner (or We): Indicates the natural person(s) or legal entity that provides this Application and/or the Service to Users.
• Product: A good or service available through this Application, such as physical goods, digital files, software, booking services, and any other types of products.
• Seat: A single licensed user slot within a Subscription Plan, granting one team member access to the platform.
• Service: The service provided by this Application as described in these Terms and on this Application.
• Subscription Plan: A recurring billing model under which Users pay a fixed fee per Seat for access to platform features, as described in the "Service Plans" section.
• Terms: All provisions applicable to the use of this Application and/or the Service as described in this document.
• User (or You): Indicates any natural person or legal entity using this Application.

Model Withdrawal Form

Addressed to:

Advertia LLC 8 The Green, Suite A Dover, DE 19901 support@fondaro.com

I/We hereby give notice that I/we withdraw from my/our contract of sale of the following goods/for the provision of the following service:

Description of goods/services: _________________________________

Ordered on: _________________________________

Received on: _________________________________

Name of consumer(s): _________________________________

Address of consumer(s): _________________________________

Date: _________________________________

Signature: _________________________________ (if submitted on paper)

This Terms and Conditions document relates solely to this Application, if not stated otherwise within this document.