TERMS & CONDITIONS

Last Updated: [2/5/26]

These Terms of Service and Acceptable Use Policy (“Terms”) govern your access to and use of the websites, dashboards, applications, pixels, funnels, and services provided by Fermat Commerce, Inc. (“Fermat,” “we,” “us,” or “our”).

If you do not agree to these Terms, do not use the Services.

If you are entering into these Terms on behalf of an organization, you represent that you have the authority to bind that organization, and “you” refers to that organization.

If you have signed a Master Service Agreement (“MSA”) with Fermat, the MSA controls where it conflicts with these Terms.

1. The Services

Fermat provides software and tools that help businesses create, manage, analyze, and optimize landing pages, funnels, products, and customer experiences (“Services”). This includes:

The Fermat Dashboard
Funnel creation tools
Dynamic product experiences
AI-powered search and optimization features
Analytics, event tracking, and reports
Pixels, tags, integrations, and APIs

We may update, enhance, or discontinue features at any time.

2. Eligibility

To use the Services, you must:

Be at least 18 years old
Use the Services for business or professional purposes
Have authority to bind your organization (if applicable)

We do not provide services for personal or household use.

3. Account Registration & Security

You are responsible for:

Keeping your account credentials confidential
All activity occurring under your account
Notifying us promptly of unauthorized access (support@fermatcommerce.com)

We may suspend or terminate accounts that violate these Terms.

4. Customer Content

“Customer Content” means any data, creative assets, configurations, tags, product data, files, or information you upload or provide through the Services.

You retain ownership of Customer Content.

You grant Fermat a license to:

Host, process, transmit, and display Customer Content
Generate analytics, insights, recommendations, tests, and reports
Operate, maintain, and improve the Services

You represent that you have the rights to provide Customer Content and that it does not violate any third-party rights.

5. Usage Data, De-Identified Data & Benchmarking Rights

To operate, improve, and enhance the Services, you agree that Fermat may collect, generate, use, and create:

Aggregated data
Anonymized or de-identified data
Statistical insights
Usage patterns and performance metrics
Clickstream and event data
Derived data and analytics generated through your use of the Services

Fermat may use such data at its discretion and for any lawful purpose, including but not limited to:

Improving existing features
Developing, training, and enhancing algorithms and models
Creating benchmarks and analytics
System optimization
Generating insights
Building or improving new products, services, or functionality
Research and product innovation

Fermat will not use anonymized or de-identified data to identify any individual or re-identify personal information

6. Acceptable Use Policy (AUP)

You agree not to use the Services to:

A. Illegal or harmful activities

Violate any applicable law or regulation
Promote fraud, deceptive practices, or harmful content
Engage in harassment, abuse, or defamation

B. Security violations

Attempt unauthorized access to systems, accounts, data, or networks
Circumvent or attempt to bypass security or usage controls
Probe, scan, or test system vulnerabilities
Interfere with system integrity or performance

C. Misuse of data

Upload or process unlawful data or data you lack rights to use
Attempt to identify or re-identify individuals from anonymized data
Collect or store sensitive personal data prohibited under our agreements (e.g., PHI, biometric data, children’s data, financial account credentials)

D. Misuse of pixels, funnels, or tracking

Inject malware, spyware, or harmful code
Interfere with website or funnel functionality
Deploy tracking that violates consumer privacy laws
Misrepresent your identity or your brand to consumers

E. Service abuse

Overload or disrupt the Services
Use automated tools (bots, scrapers) in unauthorized ways
Engage in reselling, sublicensing, or unauthorized redistribution

If you violate the AUP, Fermat may suspend or terminate your access.

7. Third-Party Tools & Integrations

The Services may integrate with tools and platforms such as:

Stripe
Shopify
Posthog
Microsoft Clarity
Meta, TikTok, Google Ads, Snapchat
CRM or CDP applications

You are responsible for complying with third-party terms and settings.

We are not responsible for third-party systems or data practices.

8. Privacy

Your use of the Services is governed by our Privacy Policy, which explains:

What personal information we collect
How we use and share it
Data rights and controls

By using our Services, you acknowledge that you have reviewed the Privacy Policy.

9. Payment & Subscriptions (Self-Serve Users)

If you purchase through self-serve checkout:

Charges are billed through Stripe
Fees are non-refundable unless required by law
Subscriptions renew automatically
You may cancel anytime, but cancellations do not refund prior charges

Enterprise contracts follow the MSA instead.

10. Intellectual Property

Fermat retains all rights, title, and interest in and to:

The Services
Software, algorithms, models, architecture
Designs, UI/UX, and documentation
Usage Data and derived insights (excluding Customer Content)

No rights are granted except those expressly described in these Terms.

11. Confidentiality

Each party may receive confidential information from the other. Both parties agree to:

Keep such information confidential
Use it only as necessary to provide or receive the Services
Not disclose it except to authorized parties under similar obligations

This obligation survives termination.

12. Disclaimers

The Services are provided “as is” and “as available.”

To the fullest extent permitted by law, Fermat disclaims all warranties, including:

Merchantability
Fitness for a particular purpose
Non-infringement
Accuracy, reliability, and availability

You assume all risks from your use of the Services.

13. Limitation of Liability

To the maximum extent permitted by law:

Fermat is not liable for indirect, consequential, punitive, or special damages
Fermat’s total liability is limited to the fees paid in the 12 months preceding the claim

Some jurisdictions do not allow exclusions; in those cases, the minimum legal protections apply.

14. Indemnification

You agree to indemnify Fermat from claims arising out of:

Your misuse of the Services
Your violation of these Terms or the AUP
Your Customer Content
Your use of third-party integrations

15. Termination

We may suspend or terminate your access if:

You violate these Terms or the AUP
You create security or legal risk
You fail to pay fees
We discontinue the Services

Upon termination:

Your rights under these Terms end
We may disable your account
Sections concerning IP, anonymized data, AUP, confidentiality, liability, and indemnity survive

16. Governing Law & Dispute Resolution

These Terms are governed by the laws of California, without regard to conflict-of-law rules.

All disputes will be resolved in courts located in Santa Clara County, California.

17. Changes to These Terms

We may update these Terms periodically.

Changes become effective when posted.

Continued use of the Services indicates acceptance of the updated Terms.

18. Contact Us

Fermat Commerce, Inc.

300 Brannan St. Suite 304

San Francisco, CA 94107

Email: privacy@fermatcommerce.com