Terms of Service

These Terms of Service (these "Terms") govern access to and use of the website located at https://frontal.dev (the "Site"), the Frontal platform, application programming interfaces ("APIs"), command-line tools, software development kits ("SDKs"), documentation, and any associated infrastructure, hosting, artificial intelligence, machine learning, database, storage, vector database, search, retrieval-augmented generation, model inference, model fine-tuning, agent, domain registration, or other services (collectively, the "Services") made available by Frontal Labs, Inc., a Delaware corporation ("Frontal," "Company," "we," "us," or "our").

By accessing or using the Site or Services, or by clicking to accept or agree to these Terms when that option is made available, you ("you" or "Customer") represent that you have read, understood, and agree to be bound by these Terms. If you are entering into these Terms on behalf of a legal entity, you represent that you have the authority to bind that entity. If you do not have that authority, or if you do not agree with these Terms, you must not access or use the Site or Services.

ARBITRATION NOTICE: SECTION 17.2 CONTAINS A MANDATORY ARBITRATION PROVISION THAT REQUIRES DISPUTES TO BE RESOLVED THROUGH FINAL AND BINDING ARBITRATION ON AN INDIVIDUAL BASIS. THIS PROVISION INCLUDES A CLASS ACTION WAIVER AND A JURY TRIAL WAIVER. IN SHORT: YOU GIVE UP THE RIGHT TO SUE IN COURT OR JOIN A CLASS ACTION. DISPUTES ARE RESOLVED ONE-ON-ONE THROUGH PRIVATE ARBITRATION. YOU HAVE 30 DAYS TO OPT OUT AS DESCRIBED IN SECTION 17.2(i).

These Terms incorporate by reference the following policies, each of which applies to your use of the Services:

• Privacy Policy
• Acceptable Use Policy
• Data Processing Agreement (when Frontal processes Personal Data on your behalf)
• Service Level Agreement
• Support Terms
• API Terms
• Billing Terms

1. DEFINITIONS

1.1 "Account" means the account you create to access and use the Services.

1.2 "Account Data" means information about your Account, including registration information, billing information, account settings, and subscription details.

1.3 "Affiliate" means any entity that directly or indirectly controls, is controlled by, or is under common control with a party, where "control" means ownership of more than 50% of the voting securities or equity interests.

1.4 "Authorized User" means an individual authorized by you to access and use the Services through your Account.

1.5 "Confidential Information" means information disclosed by one party to the other in connection with the Services that is designated in writing as confidential or that reasonably should be understood to be confidential given the nature of the information and circumstances of disclosure. Customer Data is your Confidential Information. The Services, including their performance, features, functionality, and documentation, are our Confidential Information.

1.6 "Customer Data" means all data, content, materials, prompts, inputs, files, documents, configurations, models, datasets, code, text, images, and other information that you or your Authorized Users submit to, upload to, store within, or process through the Services. Customer Data includes any outputs, completions, or results generated by the Services in response to your inputs.

1.7 "Documentation" means the written and electronic documentation, guides, references, and materials describing the functionality and operation of the Services, as updated from time to time.

1.8 "Fees" means all amounts payable by you for access to and use of the Services, as set forth in an Order Form or as published on the Site.

1.9 "Order Form" means a written or electronic ordering document that specifies the Services to be provided, Fees, subscription term, and other applicable terms agreed to by both parties.

1.10 "Personal Data" has the meaning given in our Privacy Policy and Data Processing Agreement.

1.11 "Services" has the meaning given in the preamble above.

1.12 "Subscription Term" means the period during which you are authorized to access and use the Services, as specified in an Order Form or your Account.

1.13 "Third-Party Services" means products, services, software, models, or APIs provided by third parties that may interoperate with or be accessible through the Services.

2. ACCOUNTS AND REGISTRATION

2.1 Account Creation. To access certain features of the Services, you must create an Account. You must provide accurate, current, and complete information during registration and keep your Account information updated.

2.2 Eligibility. You must be at least 18 years old to create an Account. The Services are not intended for individuals under 18. If you are under 18, you must not use the Services.

2.3 Account Responsibility. You are responsible for maintaining the confidentiality of your Account credentials and for all activities conducted through your Account. You must notify us immediately at security@frontal.dev of any unauthorized use or suspected compromise of your Account.

2.4 Authorized Users. You may authorize individuals to use the Services under your Account. You are responsible for your Authorized Users' compliance with these Terms and all activities conducted through their credentials. Each Authorized User must have a unique login; sharing credentials between individuals is prohibited.

2.5 Organization Accounts. If you create an Account on behalf of an organization, you represent that you have authority to bind that organization. The organization is the Customer under these Terms.

3. SERVICES

3.1 Access Grant. Subject to your compliance with these Terms and payment of applicable Fees, we grant you a non-exclusive, non-transferable, non-sublicensable, revocable right during the Subscription Term to access and use the Services in accordance with the Documentation solely for your internal business purposes.

3.2 Service Offerings. Frontal provides a range of Services including AI Gateway, LLM routing, model hosting, model inference, AI agents, APIs, databases, storage, vector databases, search, retrieval-augmented generation (RAG) infrastructure, fine-tuning, managed cloud infrastructure, domain registration, and developer tools. The specific Services available to you depend on your subscription and any applicable Order Form.

3.3 Modifications to Services. We may modify, enhance, deprecate, or discontinue features of the Services from time to time. For material changes that materially reduce the core functionality of Services you are using under a paid Subscription Term, we will provide at least 30 days' advance notice through your Account or by email. If we materially reduce core functionality during a paid Subscription Term and you elect to terminate the affected Services as a result, we will provide a pro-rata refund for any prepaid unused Fees for those Services. This Section does not apply to beta or early access features, which are governed by Section 3.4.

3.4 Beta and Early Access Services. From time to time, we may offer access to beta, early access, or experimental features. Such features are provided "as-is" without warranty, support, SLA commitments, or indemnification obligations, and may be modified or discontinued at any time without notice. Use of beta features is governed by our Early Access Terms.

3.5 Third-Party Services. The Services may integrate with or enable access to Third-Party Services. We do not control, endorse, or assume responsibility for Third-Party Services. Your use of Third-Party Services is at your own risk and governed by the applicable third-party terms. We are not liable for any act or omission of any Third-Party Service provider.

3.6 Service Availability. We will use commercially reasonable efforts to maintain the availability of the Services in accordance with our Service Level Agreement.

3.7 Support. Support services are provided in accordance with our Support Terms.

4. CUSTOMER OBLIGATIONS

4.1 Compliance. You must use the Services in compliance with these Terms, the Acceptable Use Policy, all applicable laws, regulations, and third-party rights.

4.2 Security. You are responsible for configuring the Services securely, managing access credentials, and maintaining the security of your systems and devices used to access the Services.

4.3 Cooperation. You must provide reasonable cooperation, information, and access as needed for us to provide the Services.

4.4 Export Controls. You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo or sanctions, and that you are not listed on any U.S. Government denied-party list. You must not use the Services in violation of applicable export control or sanctions laws.

4.5 Use Restrictions. You must not, and must not permit any third party to: (a) reverse engineer, decompile, disassemble, or attempt to derive the source code of the Services; (b) modify, adapt, or create derivative works of the Services; (c) resell, sublicense, rent, lease, or distribute the Services to any third party, except as expressly permitted; (d) use the Services for benchmarking or competitive analysis purposes without our prior written consent; (e) circumvent or disable any security, access control, or usage limitations of the Services; (f) use the Services to train, fine-tune, or otherwise improve any machine learning model that competes with the Services; (g) use the Services in a manner that interferes with or disrupts the integrity or performance of the Services; or (h) access the Services for the purpose of building a competitive product or service.

5. CUSTOMER DATA

5.1 Ownership. As between the parties, you retain all right, title, and interest in and to Customer Data. We do not claim ownership of your Customer Data. For the avoidance of doubt, Customer Data includes fine-tuned model weights produced through your use of our fine-tuning services, and you retain ownership of such weights, subject to our (or our licensors') retained ownership of the base models and underlying platform used to produce them.

(a) Proprietary Base Models. Where the base model is a proprietary model (including models from Anthropic, OpenAI, Google, and Microsoft), you receive a non-exclusive, non-transferable license to use the base model as incorporated into your fine-tuned weights solely through the Services. This license is subject to the base model provider's terms and does not include the right to export, transfer, or deploy the fine-tuned weights outside the Services.

(b) Open-Weight Models. Where the base model is an open-weight model made available under a permissive license (including Llama, Mistral Open, and similar models), you retain the right to export and use your fine-tuned weights outside the Services, subject to: (i) your compliance with the applicable open-weight license terms; (ii) the absence of Frontal-proprietary modifications to the base model that would restrict export; and (iii) Frontal's right to charge a reasonable export fee for compute and bandwidth costs associated with weight extraction and transfer. Frontal will identify in the Documentation which base models are classified as open-weight and eligible for export under this subsection.

5.2 License to Process. You grant us a limited, non-exclusive, worldwide, royalty-free license to access, use, process, copy, store, transmit, and display Customer Data solely as necessary to provide the Services to you, to prevent or address service or technical problems, and as otherwise required by applicable law.

5.3 Data Processing. We will process Personal Data contained in Customer Data in accordance with our Data Processing Agreement and Privacy Policy.

5.4 Data Security. We implement and maintain administrative, physical, and technical safeguards designed to protect the security, confidentiality, and integrity of Customer Data, as described in our Data Protection Policy and Data Encryption Policy.

5.5 Use of Customer Data. Frontal does not use Customer Data to train, fine-tune, improve, or evaluate any artificial intelligence or machine learning models. This commitment applies to all models operated, hosted, served, or otherwise controlled by Frontal.

Frontal maintains technical and organizational controls designed to prevent Customer Data from being incorporated into model training datasets or used for model improvement purposes.

Customer Data may be processed solely to provide, secure, maintain, troubleshoot, monitor, and support the Services.

We will not sell, rent, or share Customer Data with third parties except as necessary to provide the Services or as required by law. When you use AI-powered features, your inputs and outputs are transmitted to third-party AI model providers (such as Anthropic, OpenAI, Google, or Mistral) in order to generate responses. Frontal only integrates with third-party model providers that contractually agree not to use Customer Data submitted through Frontal for training or improvement of their models, and we configure zero-retention settings where the provider supports them. For a list of providers and their data handling commitments, see our Model Provider Reference.

5.6 Deletion. Upon your request or termination of your Account, we will delete Customer Data from our active systems within 30 days. Backup copies of Customer Data are not individually purged but expire automatically per the backup retention schedule (typically 7-35 days depending on your plan). Security-related data (such as IP addresses associated with abuse) may be retained for up to 12 months. Billing records are retained for 7 years as required by tax law. Full detail is set forth in our Data Retention Policy and Data Disposal Policy.

6. FEES AND PAYMENT

6.1 Fees. You agree to pay all Fees when due. Fees are non-refundable except as expressly set forth in these Terms, an Order Form, or our Refund Policy. Our Billing Terms provide additional detail on billing practices.

6.2 Payment. Payment must be made by credit card, wire transfer, or other payment method accepted by us. For credit card payments, you authorize us to charge your payment method for all Fees. For invoice-based payments, payment is due within 30 days of the invoice date unless otherwise specified in an Order Form.

6.3 Late Payments. Late payments accrue interest at 1.5% per month or the maximum rate permitted by applicable law, whichever is lower. We may suspend your access to the Services if payment is more than 15 days past due, provided we have given you at least 10 days' prior written notice.

6.4 Taxes. Fees are exclusive of all taxes, levies, duties, and similar government assessments. You are responsible for all sales, use, value-added, withholding, and similar taxes, excluding taxes based on our net income. If you are required to withhold taxes, you will gross up Fees so that we receive the full amount.

6.5 Price Changes. We may change Fees for Services by providing at least 30 days' notice. Price changes will take effect at the start of your next Subscription Term. If you do not agree to a price change, you may terminate your subscription before the change takes effect in accordance with our Cancellation Policy.

7. INTELLECTUAL PROPERTY

7.1 Our IP. We and our licensors own all right, title, and interest in the Services, Documentation, Site, and all related intellectual property, including all software, algorithms, underlying platform models, interfaces, designs, trade secrets, patents, copyrights, and trademarks. For the avoidance of doubt, "models" in this Section refers to Frontal's underlying platform models and base models used to provide the Services, and does not include Customer Data, Customer fine-tuned model weights, or outputs generated by the Services from Customer Data. No rights are granted to you except the limited access rights expressly set forth in these Terms.

7.2 Feedback. If you provide feedback, suggestions, ideas, or recommendations about the Services ("Feedback"), you assign to us all rights in that Feedback. We may use Feedback for any purpose without obligation or compensation to you.

7.3 Trademarks. "Frontal," the Frontal logo, and all related names, logos, product and service names, designs, and slogans are trademarks of Frontal Labs, Inc. You must not use these marks without our prior written consent. Use of our marks is governed by our Trademark Policy.

7.4 Open Source. Certain components of the Services may be governed by open source licenses. Our Open Source Notice identifies open source components and applicable license terms. Nothing in these Terms limits your rights under those open source licenses.

8. CONFIDENTIALITY

8.1 Obligations. Each party agrees to protect the other's Confidential Information using the same degree of care it uses to protect its own confidential information of similar importance, but no less than reasonable care. Each party shall use Confidential Information only for the purposes of these Terms and shall not disclose Confidential Information to any third party except to its employees, contractors, and agents who need access to fulfill obligations under these Terms and who are bound by confidentiality obligations no less protective than those set forth in this Section.

8.2 Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available through no fault of the receiving party; (b) was rightfully known to the receiving party without restriction before receipt from the disclosing party; (c) is rightfully obtained by the receiving party from a third party without restriction; or (d) is independently developed by the receiving party without use of or reference to the disclosing party's Confidential Information. A party may disclose Confidential Information to the extent required by law, regulation, or court order, provided it gives the other party prior notice and reasonable assistance to seek a protective order, unless prohibited by law.

8.3 Equitable Relief. Each party acknowledges that breach of confidentiality obligations may cause irreparable harm for which monetary damages would be inadequate. Each party is entitled to seek injunctive relief without the requirement to post bond.

9. REPRESENTATIONS AND WARRANTIES

9.1 Mutual Representations. Each party represents and warrants that: (a) it has the legal power and authority to enter into these Terms; and (b) it will comply with all applicable laws in performing its obligations under these Terms.

9.2 Our Warranties. We warrant that: (a) the Services will perform materially in accordance with the Documentation during the Subscription Term; (b) we will not materially decrease the overall functionality of the Services during the Subscription Term; and (c) we will provide the Services using commercially reasonable skill and care.

9.3 Your Warranties. You represent and warrant that: (a) you have obtained all necessary rights, consents, and permissions to provide Customer Data to us for processing as contemplated by these Terms; (b) Customer Data does not and will not violate any third-party rights or applicable laws; and (c) you have the authority to bind the entity you represent.

9.4 AI-Specific Representations. You acknowledge that: (a) artificial intelligence and machine learning technologies are inherently probabilistic; (b) outputs generated by AI-powered features may vary, may be unpredictable, and may produce similar or identical results for different users; (c) you are responsible for evaluating the accuracy, appropriateness, and suitability of any output generated through your use of AI-powered features before relying on it; (d) AI agents deployed through the Services may take autonomous or semi-autonomous actions, and you assume all risk of such actions, including actions that modify or delete data, incur third-party costs, or cause system-level effects. You are responsible for implementing appropriate guardrails, run-time validation, and human-in-the-loop controls for agent systems; and (e) our AI and Machine Learning Disclosure provides additional detail regarding the capabilities and limitations of AI-powered features.

9.5 Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THIS SECTION 9, THE SERVICES AND SITE ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE. WE AND OUR LICENSORS AND SUPPLIERS DISCLAIM ALL IMPLIED WARRANTIES, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, ACCURACY, AND WARRANTIES ARISING FROM COURSE OF DEALING OR USAGE OF TRADE. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT OUTPUTS GENERATED BY AI-POWERED FEATURES WILL BE ACCURATE, COMPLETE, OR FIT FOR YOUR PURPOSES.

10. INDEMNIFICATION

10.1 By Us. We will defend you and your officers, directors, and employees against any third-party claim alleging that the Services, when used in accordance with these Terms and the Documentation, infringe or misappropriate a third party's intellectual property rights. We will indemnify you against damages finally awarded by a court of competent jurisdiction or paid in a settlement approved by us in connection with such claim. Our obligations under this Section are subject to you: (a) providing prompt written notice of the claim; (b) granting us sole control of the defense and settlement; and (c) providing reasonable cooperation at our expense.

10.2 Exclusions. Our obligations under Section 10.1 do not apply to claims arising from: (a) use of the Services in combination with products, services, data, or technology not provided by us, where the Services alone would not infringe and the infringement is caused by that combination; (b) modifications to the Services not made by us; (c) your continued use of infringing Services after we have provided a non-infringing alternative or after notice of the claim; (d) use of the Services in violation of these Terms; or (e) Customer Data.

10.3 Mitigation. If the Services become, or in our reasonable opinion are likely to become, the subject of an infringement claim, we may at our option: (a) procure the right for you to continue using the Services; (b) modify the Services to make them non-infringing without materially reducing functionality; or (c) terminate the affected Services and provide a pro-rata refund of prepaid unused Fees.

10.4 By You. You will defend us and our officers, directors, and employees against any third-party claim arising from: (a) Customer Data, including any claim that Customer Data infringes or violates a third party's rights or applicable law; (b) your use of the Services in violation of these Terms or applicable law; or (c) your products or services. You will indemnify us against damages finally awarded by a court of competent jurisdiction or paid in settlement approved by you.

10.5 Exclusive Remedy. This Section 10 states the parties' exclusive rights and obligations with respect to intellectual property infringement claims.

11. LIMITATION OF LIABILITY

11.1 Exclusion of Damages. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY NOR ITS AFFILIATES, LICENSORS, OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST DATA, LOST REVENUE, BUSINESS INTERRUPTION, OR PROCUREMENT OF SUBSTITUTE SERVICES, WHETHER ARISING IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

11.2 Liability Cap. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EACH PARTY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF: (A) THE FEES PAID OR PAYABLE BY YOU TO US DURING THE 12 MONTHS IMMEDIATELY PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY; OR (B) $10,000 USD.

11.3 Exceptions. The limitations in Sections 11.1 and 11.2 do not apply to: (a) a party's indemnification obligations under Section 10; (b) your payment obligations under Section 6; (c) a party's breach of confidentiality obligations under Section 8; (d) your violation of our intellectual property rights under Section 7.1; (e) a party's gross negligence, willful misconduct, or fraud; or (f) liability to the extent not permitted to be limited by applicable law.

11.4 Third-Party AI Models. We integrate with and provide access to third-party large language models, embedding models, and AI services. WE DISCLAIM ALL LIABILITY ARISING FROM OR RELATING TO OUTPUTS GENERATED BY OR THROUGH THIRD-PARTY AI MODELS, INCLUDING THEIR ACCURACY, APPROPRIATENESS, SAFETY, LEGALITY, OR FITNESS FOR ANY PURPOSE. You are solely responsible for evaluating outputs generated through your use of third-party AI models made available through the Services.

12. TERM AND TERMINATION

12.1 Term. These Terms commence on the date you first access or use the Services and continue until terminated as set forth in this Section.

12.2 Subscription Term. Your Subscription Term is set forth in your Account or Order Form. If your subscription includes automatic renewal, we will send a reminder before each renewal that states the renewal date, the renewal term, and the price you will be charged. At the end of a Subscription Term, your subscription will automatically renew for successive terms of the same duration at the pricing disclosed in the renewal reminder, unless you disable auto-renewal in your Account settings or either party provides notice of non-renewal at least 30 days before the end of the then-current term. You may disable auto-renewal at any time through your Account settings.

12.3 Termination for Convenience. You may terminate your Account at any time through your Account settings. Termination takes effect at the end of your current billing period. We may terminate your Account by providing at least 30 days' notice to the email address associated with your Account.

12.4 Termination for Cause. Either party may terminate these Terms immediately upon written notice if: (a) the other party materially breaches these Terms and fails to cure the breach within 30 days after receiving written notice; or (b) the other party becomes the subject of a bankruptcy, insolvency, receivership, or similar proceeding that is not dismissed within 60 days.

12.5 Effect of Termination. Upon termination: (a) your right to access and use the Services immediately ceases; (b) you must pay all outstanding Fees; and (c) each party will return or destroy the other's Confidential Information in accordance with the receiving party's data retention practices, subject to any legal preservation obligations.

12.6 Survival. Sections 1 (Definitions), 4.5 (Use Restrictions), 5.1 (Ownership), 5.6 (Deletion), 6 (Fees and Payment), 7 (Intellectual Property), 8 (Confidentiality), 9.5 (Disclaimer), 10 (Indemnification), 11 (Limitation of Liability), 12.5 (Effect of Termination), 12.6 (Survival), and 17 (General Provisions) survive termination of these Terms.

13. DATA PROTECTION

13.1 Privacy. Our collection, use, and sharing of personal information is governed by our Privacy Policy. By using the Services, you acknowledge our Privacy Policy.

13.2 Data Processing. Where we process Personal Data on your behalf, our Data Processing Agreement applies and is incorporated by reference.

13.3 Subprocessors. We use subprocessors to assist in providing the Services, as listed in our Subprocessors List. We will notify you of changes to our subprocessors in accordance with our Data Processing Agreement.

13.4 Data Transfers. We provide mechanisms for the lawful transfer of Personal Data across jurisdictions, as described in our Data Processing Agreement.

13.5 Security. We implement and maintain technical and organizational security measures as described in our Data Protection Policy, Data Encryption Policy, and Data Classification Policy.

14. DMCA COMPLIANCE

14.1 We respect the intellectual property rights of others and expect our users to do the same. It is our policy to terminate Accounts of repeat infringers in appropriate circumstances. Our DMCA procedures are set forth in our DMCA Policy.

14.2 The designated Copyright Agent for Frontal is:

Gabriel Fonseca Frontal Labs, Inc. 131 Continental Drive, STE 305 Newark, DE 19713 Email: dmca@frontal.dev

15. GOVERNMENT USE

If you are a U.S. government entity, the Services are "commercial items" as defined in FAR 2.101. The Services and Documentation are licensed to U.S. government end users with only the rights set forth in these Terms.

16. FREE TRIAL

We may offer free trials of the Services from time to time. Free trials are governed by these Terms and our Free Trial Terms. Free trials are provided "as-is" without warranties, SLA commitments, or indemnification obligations. We may terminate a free trial at any time.

17. GENERAL PROVISIONS

17.1 Governing Law. These Terms are governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.

17.2 Mandatory Arbitration. READ THIS SECTION CAREFULLY. IT REQUIRES ARBITRATION OF DISPUTES ON AN INDIVIDUAL BASIS.

(a) Agreement to Arbitrate. You and Frontal agree that any dispute, claim, or controversy arising out of or relating to these Terms, the Services, or the Site (collectively, "Disputes") will be resolved through final and binding arbitration, rather than in court, except as otherwise provided in this Section. This arbitration obligation applies to all Disputes, whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory, and applies to Disputes that arose before you accepted these Terms.

(b) Exceptions. The parties retain the right to: (i) bring individual claims in small claims court if the claims qualify; (ii) seek injunctive or other equitable relief in court for infringement or misuse of intellectual property rights; and (iii) bring issues to the attention of federal, state, or local agencies.

(c) Informal Dispute Resolution. Before initiating arbitration, the party seeking to assert a Dispute must first send written notice describing the nature and basis of the Dispute and the relief sought ("Dispute Notice"). Upon receipt of a Dispute Notice, the parties shall personally meet and confer (by telephone or videoconference) to attempt to resolve the Dispute informally. The Informal Dispute Resolution Conference must occur within 45 days of the Dispute Notice. The parties agree that engaging in this informal process is a condition precedent to commencing arbitration. The statute of limitations and filing fee deadlines are tolled during this process.

Dispute Notices from you should be sent by email to legal@frontal.dev or by mail to:

Frontal Labs, Inc. Attn: Legal Department 131 Continental Drive, STE 305 Newark, DE 19713

(d) Arbitration Rules. If the Dispute is not resolved within 60 days of the Dispute Notice, either party may initiate arbitration. The arbitration will be administered by JAMS under its Streamlined Arbitration Rules for claims under $250,000, or its Comprehensive Arbitration Rules for claims $250,000 and above. JAMS rules are available at www.jamsadr.com. The Federal Arbitration Act governs the interpretation and enforcement of this arbitration agreement.

(e) Arbitration Location. Unless otherwise agreed, arbitration will be conducted in the county where you reside, or in New Castle County, Delaware for non-U.S. residents. The arbitration may be conducted by videoconference at either party's request.

(f) Arbitrator Authority. The arbitrator has exclusive authority to resolve all Disputes, including questions of arbitrability, except that: (i) Disputes about the enforceability of the class action waiver will be decided by a court; and (ii) Disputes about payment of arbitration fees or satisfaction of conditions precedent will be decided by a court. The arbitrator may award individual relief available in court and must follow applicable law. Any award must include written findings and conclusions. Judgment on the award may be entered in any court having jurisdiction.

(g) Waiver of Jury Trial. YOU AND FRONTAL WAIVE ANY CONSTITUTIONAL AND STATUTORY RIGHT TO SUE IN COURT AND HAVE A JUDGE OR JURY TRIAL. Disputes will be resolved exclusively through arbitration as set forth in this Section.

(h) Waiver of Class Actions. YOU AND FRONTAL AGREE THAT ALL DISPUTES WILL BE ARBITRATED ON AN INDIVIDUAL BASIS ONLY. YOU WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS, COLLECTIVE, REPRESENTATIVE, OR MASS ACTION, EITHER AS A CLASS REPRESENTATIVE OR CLASS MEMBER. The arbitrator may not consolidate more than one person's claims and may not preside over any form of representative or class proceeding. If a court determines this class action waiver is unenforceable, then the Dispute must proceed in court rather than in arbitration. Nothing in this Arbitration Agreement shall be construed to prevent any person from seeking public injunctive relief from a court of competent jurisdiction, and the parties agree that any claim for public injunctive relief may be brought in court and shall be stayed pending the outcome of arbitration of any individual claims.

(i) Opt-Out Right. You may opt out of this arbitration agreement within 30 days of first becoming subject to it by sending a written notice to legal@frontal.dev or to:

Frontal Labs, Inc. Attn: Legal Department – Arbitration Opt-Out 131 Continental Drive, STE 305 Newark, DE 19713

Your opt-out notice must include your name, the email address associated with your Account, and a clear statement that you are opting out of the arbitration agreement. Opting out does not affect any other provision of these Terms.

(j) Future Changes. If we make a material change to this arbitration provision, you may reject the change within 30 days of its effective date by sending written notice to the address above. If you reject a change, the version of the arbitration provision in effect when you first accepted these Terms (or the most recent version you did not reject) will apply.

17.3 Force Majeure. Neither party will be liable for delay or failure to perform due to causes beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, flood, earthquake, and internet service failures outside the affected party's network. This Section does not excuse your payment obligations. Denial-of-service attacks and failures of third-party cloud infrastructure are foreseeable operational risks and are not force majeure events for purposes of Frontal's obligations under the SLA.

17.4 Assignment. Neither party may assign these Terms without the other's prior written consent, except that either party may assign these Terms without consent to an Affiliate or in connection with a merger, acquisition, reorganization, or sale of all or substantially all of its assets or voting securities. Any assignment in violation of this Section is void. These Terms bind and inure to the benefit of the parties and their permitted successors and assigns.

17.5 Notices. Notices to you will be sent to the email address associated with your Account or through your Account interface. Notices to Frontal must be sent to legal@frontal.dev. Email notice is effective upon sending, provided no bounce or delivery failure message is received. Notices sent by mail are effective 5 business days after mailing.

17.6 Waiver and Severability. No waiver of any provision of these Terms will constitute a waiver of any other provision. Failure to enforce a provision is not a waiver. If any provision of these Terms is held unenforceable, the remaining provisions will continue in full force and effect, and the unenforceable provision will be modified to the minimum extent necessary to make it enforceable.

17.7 Entire Agreement. These Terms, together with all policies and agreements incorporated by reference, constitute the entire agreement between you and Frontal regarding the Services and supersede all prior agreements, communications, and understandings (written and oral) on that subject. In the event of any conflict between these Terms and an Order Form, the Order Form controls solely with respect to the specific Services described in that Order Form.

17.8 Relationship. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, employment, or franchise relationship.

17.9 Publicity. We will not use your name, logo, or trademarks in our customer lists, marketing materials, or promotional content without your prior written consent. Any consent you provide may be revoked at any time, and we will remove your name and logo within 30 days of your request.

17.10 Interpretation. Section headings are for convenience only. The word "including" means "including without limitation." "Will" and "shall" have the same meaning. "Hereunder," "herein," and "hereof" refer to these Terms as a whole.

17.11 Counterparts. These Terms and any Order Form may be executed in counterparts, including electronic counterparts, each of which is an original and which together constitute one agreement.

17.12 Changes to These Terms. We may update these Terms from time to time to reflect changes in the Services, our business practices, or applicable law. For material changes, we will notify you at least 30 days in advance by email to the address associated with your Account and by posting a notice on the Site. Material changes take effect 30 days after notice unless a later date is specified. Non-material changes take effect upon posting. If you do not agree to a material change, you may terminate your Account before the change takes effect in accordance with our Cancellation Policy. Your continued use of the Services after a material change takes effect constitutes acceptance of the updated Terms. Changes to the arbitration provision in Section 17.2 are governed by Section 17.2(j).**

18. CONTACT INFORMATION

Frontal Labs, Inc. 131 Continental Drive, STE 305 Newark, DE 19713 United States of America

Email: legal@frontal.dev Website: https://frontal.dev