Terms of Service

These Terms of Service govern your use of Fenan. Please read them in full. They contain a binding arbitration agreement and a waiver of class actions (section 18), disclaimers of warranties (section 14), a limitation of liability (section 15), your obligation to indemnify us (section 16), and a clause that claims may be brought only against Fenan and not against individuals (section 17). If you do not agree to them, do not use the Service.

1. Agreement and parties

These Terms of Service (the "Terms") are a binding agreement between you and Fenan, the legal entity that operates the Service, established under the laws of the Republic of Indonesia ("Fenan", "we", "us" or "our"), whose registered address and registration details are available on request at hello@fenan.dev. They govern your access to and use of the Fenan website, applications and services, including chat, planning, building, previews, Hosting, billing, support and documentation (together, the "Service").

You accept these Terms when you sign in for the first time, which creates your Account, when you select a button that says you agree or continue, or, if you already have an Account, when you keep using the Service after being shown a change under section 20. If you do not accept them, you may not use the Service.

If you use the Service on behalf of a company or other organisation, you confirm that you have authority to bind it, "you" then includes that organisation, and the organisation is responsible for your use. If you do not have that authority, you are personally bound by these Terms.

Our Privacy Policy is part of these Terms. Additional terms shown to you for a particular feature, plan or purchase also form part of them. If these documents conflict, the additional terms prevail for the feature, plan or purchase they cover, then these Terms, then the Privacy Policy, except that the Privacy Policy governs how we handle personal data.

In these Terms:

• "Account" means the account through which you access the Service.
• "Affiliates" means any entity that controls, is controlled by, or is under common control with Fenan.
• "App" means a software application created, changed or maintained through the Service, including its source code, configuration, data, files, resources and every published version of it.
• "Content" means Input and Output together.
• "Credits" means the units of use described in section 7.
• "Hosting" means the publishing and running of an App at an address we provide, together with the database, storage and other resources we make available for it.
• "Input" means anything that you or anyone using your Account provides to the Service, including prompts, messages, answers to questions, plan approvals, elements picked in a preview, files, pictures, documents, archives, voice recordings, personalization instructions and memory.
• "Output" means anything the Service generates in response to Input, including answers, plans, code, App summaries, pictures, transcripts and error reports.
• "Personnel" means the current and former founders, shareholders, officers, directors, employees, contractors, agents and advisers of Fenan and of its Affiliates.

2. Eligibility and Accounts

You may use the Service only if you are at least 18 years old and legally able to enter into a binding contract under the law that applies to you. The Service is not directed at anyone under 18. If we learn that an Account belongs to someone under 18, we may close it, delete its Content and Apps, and refund any fees the law requires us to refund. Any purchase made by someone under 18 is made without our consent.

Each Account belongs to one natural person. You may not share, sell, lend or transfer your Account or let anyone else use it. You may not create Accounts by automated means, or hold more than one Account in order to exceed limits or to evade a suspension or termination.

You sign in with a Google account, and an Account is created the first time you do. You must give accurate information and keep it current, keep your sign-in method secure, and not let anyone else use it. You are responsible for everything done through your Account, except to the extent it results from our own breach of these Terms or from a security failure on our side that you did not cause. Once you tell us that your Account has been compromised, you are not responsible for what is done through it after we have had a reasonable opportunity to act on your notice. If you believe your Account has been used without your permission, tell us at once at hello@fenan.dev.

We may refuse to open an Account, and may reclaim, change or close an Account where the law requires it, where it is needed to protect the Service or others, or where section 13 allows it.

While the Service is in beta, access may require an access code. An access code is personal to the person we gave it to. You may not share, sell or publish it, and we may withdraw it or let it expire at any time. Access obtained with a code that was not given to you is unauthorised.

3. The Service

The Service lets you describe a web application in conversation. It asks about what is unclear, proposes a plan, builds the App step by step, lets you watch, steer, cancel and retry the work, shows a preview, and hosts the App when you choose to publish it. It can also answer questions, transcribe dictation, create pictures, and search and read the web where those features are available to you.

Answers, plans, code, pictures, transcripts and all other Output are generated by artificial intelligence. No person writes or reviews Output before you receive it.

We may change, add, suspend, limit or retire any part of the Service at any time, and may set or change limits, including on request rates, message and file sizes, supported file types, storage, builds, previews, Hosting and the number of Apps or chats. If a change materially reduces what you receive under a paid plan during a period you have already paid for, you may cancel, and we will refund the fees you prepaid for the unused part of that period.

Fair-use limits. Previews and builds are subject to fair-use limits that keep the Service fast and available for everyone, including how many previews you may start in a period, how many previews and builds may run at once for you and across the Service, and how many Credits a build needs before it starts. We set these limits and may change them under the paragraph above. The preview limits in force are described on our pricing page. When a limit is reached, the Service tells you, and you can start the preview or build again once the limit allows it.

We do not promise that an App you describe can be built, that it will be built within a particular time or number of Credits, or that it will work as you intend, be free of errors or vulnerabilities, or be fit for any particular purpose.

Features that we label beta, preview, experimental or similar are provided as is, may be less reliable than the rest of the Service, may change or end without notice, and are not covered by any commitment in these Terms.

4. Your Content and Apps

Your Input. As between you and Fenan, you keep every right you hold in your Input.

Output and Apps. As between you and Fenan, and to the extent the law allows, you own the Output and the code of your Apps. We assign to you any right, title and interest we hold in Output, subject to these Terms and to the rights of third parties, including the licences of open-source and other third-party components in an App. This assignment does not cover the Service or the materials described in section 8, even where parts of them, such as starter code and templates, appear in an App. For those parts, we grant you a perpetual, worldwide, non-exclusive, royalty-free licence to use, copy, modify and distribute them as part of that App. That licence survives the end of these Terms.

Your ownership of Output and App code gives you no right to require us to keep, deliver, restore or hand over any copy of it, except as data protection law provides for your personal data. Your means of obtaining a copy are the export and copy features the Service offers you while your Account is active.

Output is generated for many users and may be similar or identical to Output that others receive. You have no exclusive right in Output that is not unique to you, and this section does not affect anyone else’s rights in their own Output. Some Output may not be protected by copyright or any other right under the law that applies, and we do not promise that it is.

The source code of each App is kept in a private repository held in an account that Fenan controls with a source-code host, until the App or your Account is deleted, so that you can come back and keep changing the App. Holding the repository gives us no ownership of your App code. On a plan, you may copy an App to your own GitHub account; the copy gives you the code to host elsewhere and does not remove the repository we hold.

Licence to Fenan. You grant Fenan, its Affiliates and the service providers acting for us a worldwide, non-exclusive, royalty-free licence, which we may sublicense only to those providers, to host, store, copy, process, transmit, reproduce, display, run, adapt and modify your Content and Apps as needed to provide, maintain, secure and improve the Service, to prevent abuse, to enforce these Terms and to comply with the law. The licence lasts for as long as your Account exists and afterwards for as long as we hold the Content or App under section 13 and the Privacy Policy, including in backups and in records the law requires us to keep. For the data of your App’s users and visitors, this licence is limited to hosting, operating, securing, building and repairing the App, investigating abuse of the Service and complying with the law. We do not sell your Content, and Fenan itself does not use it to train AI models. Our providers process it under their own terms, as the Privacy Policy describes.

Your responsibility. You alone are responsible for:

• your Content and your Apps, including what they do, how they behave and the data they collect;
• the users and visitors of your Apps, the content they add, and your relationship with them;
• making sure your Apps comply with the law, including consumer protection, privacy and data protection, electronic commerce, tax, accessibility and intellectual property law, and that they have their own terms and privacy notice where the law requires them;
• obtaining every right, licence and consent needed for what you put into the Service, including third-party code, pictures, fonts, trademarks and data;
• reviewing and testing Output before you rely on it or publish it, as section 10 requires.

You confirm that you have, and will keep, every right needed to provide your Input and to grant the licence above, and that your Input and your use of Output do not infringe anyone’s rights or break the law.

Do not put other people’s personal data into the Service unless you have a lawful basis to do so and have given every notice the law requires. Do not put passwords, keys, payment card numbers or other secrets into chats or files. If you do, you do so at your own risk and should change any secret you have shared.

Feedback. If you send us ideas, suggestions, ratings of replies or other feedback, we may use it for any purpose without any obligation or payment to you. Feedback does not give us ownership of your Content.

Removal. We may review, remove, unpublish, block access to or refuse to process any Content or App that we reasonably believe breaks these Terms or the law, infringes anyone’s rights, or harms or threatens the Service, its users or others. We will tell you where it is practicable and lawful to do so, but we may act first where speed matters. We have no duty to monitor Content, and our not acting does not mean we approve it.

5. Acceptable use

You must not use the Service, Output or Hosting, and must not help or allow anyone else to use them, to:

• break any law or regulation, or promote or facilitate anything illegal;
• infringe or misappropriate any intellectual property, privacy, publicity or other right;
• create or spread malware, phishing, spam, fraud, scams or any other deceptive content or practice;
• harass, threaten, bully, defame or incite hatred or violence against any person or group, including Fenan’s Personnel;
• exploit or harm minors in any way, including any sexual content involving minors;
• promote or depict violence, self-harm or terrorism, or help anyone plan them;
• collect, scrape, track or disclose personal data without a lawful basis, or build tools for unlawful surveillance, stalking or profiling;
• make, sell or facilitate weapons, explosives, controlled substances or other regulated goods where that is unlawful;
• run gambling, lotteries or similar schemes where they are unlawful or unlicensed;
• make or power decisions that could cause injury, death, significant financial loss or a legal effect on a person, such as in health, safety, credit, employment, housing, insurance or law enforcement, without review by a qualified person before each decision;
• present an App or Output as professional medical, legal, financial, tax or other advice, or as a substitute for it;
• impersonate any person or organisation, or misrepresent your identity or your connection with anyone;
• falsely state or imply that Fenan made, endorses, operates or is responsible for your App or its content, or otherwise misrepresent Fenan;
• get around or interfere with limits, Credits, payment, access codes, security measures or any other control of the Service;
• probe, scan, test the vulnerability of, attack, overload or disrupt the Service or any system or network connected to it, except good-faith security research that you report to us at once at hello@fenan.dev, that does not access, change or keep data that is not yours, and that does not disrupt the Service;
• reverse engineer, decompile or disassemble the Service, or try to discover or extract its models, prompts, instructions, configurations, safeguards or source code, except where the law expressly permits this despite this restriction;
• access or use the Service by automated or bulk means, or in volumes beyond ordinary individual use, except through features we provide for that purpose;
• resell, rent, lease, sublicense or give access to the Service, or use it to run a competing product or service;
• use Hosting for anything not built through the Service, or for file hosting, content delivery, proxies, VPNs, cryptocurrency mining, load testing or other uses unrelated to running your App;
• use Output to develop or train AI models that compete with the Service.

We decide, in our reasonable judgement, whether a use breaks this section. We may investigate suspected breaches, preserve relevant information, and report, disclose and cooperate with law enforcement, regulators and rights holders as the law allows or requires.

6. Hosting and published Apps

Nothing is hosted until you choose to publish an App. Hosting is currently offered at no charge, at our discretion. It is not a hosting or infrastructure contract and carries no service level, uptime, capacity, backup or support commitment.

We may pause, limit, throttle, move or stop the Hosting of any App at any time, including where a published App has not been used for seven days (its database read or wrote nothing in that time), where it reaches your plan’s monthly traffic allowance, until the month turns, where its use of resources is excessive or affects other Apps, where it breaks these Terms or the law, or for security reasons. We do not delete an App because it was paused for inactivity, and publishing it again wakes it. We may change how hosted Apps are set up and may change their addresses, with notice where practicable.

Each published App receives an address under a domain that Fenan controls. Fenan owns that domain and every address under it. You receive only a revocable permission to use the address while your App is hosted, and you acquire no right in it. We may reclaim, reassign or change an address, including after the App or your Account ends, or where the name is misleading, infringing or reserved.

You are the operator of your App. To its users and visitors and to every authority, you, not Fenan, provide your App. You must not present Fenan as the operator, publisher or seller of your App or as a party to any transaction made through it. Your App’s own terms and privacy notice must name you as its provider and, to the extent the law allows, must exclude any liability of Fenan, its Affiliates and Personnel to your App’s users and visitors. If a user or visitor of your App brings a claim against Fenan, you will resolve it with them, and section 16 applies.

Payments and keys in your App. If your App sells anything or takes payments, you are the seller. Those payments are processed through your own account with a payment provider, under that provider’s terms, between you, the provider and your buyers. Fenan is not a party to those sales and does not receive or hold that money, and you alone are responsible for the refunds, chargebacks, taxes, invoices and disputes that arise from them. The keys and secrets you add to your App, such as a payment provider’s API key or webhook secret, are your responsibility: you must be entitled to use them, you answer for what your App does with them, and you must revoke any key you believe has been exposed.

Your App’s data. You are the controller of the personal data your App collects, including its visitors’ data. You must have a lawful basis for that data, give your visitors every notice the law requires, answer their requests, and delete data you have no right to keep. Published Apps record their own errors, which may contain visitor data, so that a later build can read them; publishing again clears them.

Data processing terms. For the personal data your App collects, Fenan is your processor, and the following terms apply:

• subject matter, nature and purpose: hosting, operating, securing, building and repairing your App, for as long as the App exists;
• types of data and data subjects: whatever your App collects about its users and visitors, including the error logs described above;
• we process that data only on your documented instructions, which are these Terms, the Privacy Policy and the choices you make in the Service, and we tell you if an instruction appears to break data protection law;
• the Personnel who can access that data are bound by confidentiality;
• we apply the security measures described in the Privacy Policy;
• you authorise the sub-processors listed by category in the Privacy Policy, including AI model providers that receive your App’s error logs when you ask for a build or a repair; we remain responsible for them, and we announce a new category of sub-processor in the Service or by email at least 14 days before it applies, after which you may ask us to delete your App if you object;
• we tell you without undue delay after we become aware of a personal data breach affecting your App’s data;
• as far as is reasonable given the nature of the Service, we help you answer requests from your App’s users and visitors and meet your security, breach-notification and impact-assessment duties, at your reasonable cost where the help goes beyond the features of the Service;
• we delete your App’s data when the App is deleted at your request or your Account ends, as section 13 describes, unless the law requires us to keep it;
• we make available the written information reasonably needed to show that we meet these terms; an audit beyond that is limited to once a year, on 30 days’ written notice, at your cost, and subject to confidentiality;
• for the limited purposes of securing the Service, investigating abuse and complying with the law, we act as an independent controller.

Where you or your App’s users or visitors are in the European Economic Area or the United Kingdom, these data processing terms are the data processing agreement between you and Fenan, and the standard contractual clauses referred to in the Privacy Policy apply to transfers.

Notices of infringing or unlawful content. If you believe that content in an App or in the Service infringes your rights or is unlawful, send a notice to hello@fenan.dev that includes:

• your name and contact details;
• the right you say is infringed or the law you say is broken;
• the address or other precise location of the content;
• a statement that you believe in good faith that the use is not authorised or is unlawful, and that the information in the notice is accurate;
• where you act for a rights holder, a statement that you are authorised to do so, and your signature.

We act on valid notices and may act on other complaints. We may forward a notice to the owner of the App, who may reply to us, and we may remove or disable content and close the Accounts of repeat infringers. Anyone who sends a notice they know to be false is responsible for the harm it causes.

When an App or Account ends. When an App is deleted at your request, when we stop hosting it under these Terms, or when your Account ends, we may delete the App and its database, storage, repository and other resources, as section 13 describes. Keep your own copies of anything that matters to you. You can export your chats at any time. Copying an App’s code to GitHub is available on a plan; without a plan the code of your App exists only in the repository we hold. Except where the law does not allow this, we are not liable for the loss of Content, App data or resources of which the Service let you make your own copy.

7. Credits, plans and payment

What Credits are. Credits measure the use of certain parts of the Service. They are a limited licence to use the Service, and are not money, a deposit, electronic money, a stored-value product or property. They have no cash value, cannot be exchanged for cash or anything else, and cannot be sold, transferred or pooled between Accounts. Credits you paid for are removed only in the cases these Terms describe. Credits are not refundable except as sections 3, 7, 13 and 20 and the law provide.

What uses Credits. Replies, plans, builds, pictures and web searches use Credits, and none of them runs while your Account holds no Credits. Previews and Hosting do not use Credits at present, but a preview opens only while your Account holds Credits. A build uses Credits as it works, for the work actually done, and stops, keeping the work already done, when your Account holds no more Credits. Use worth part of a Credit, or more than your Account holds at that moment, is carried over and charged from the Credits your Account next receives. We may change which activities use Credits and how many each uses. Such a change applies only to use after it takes effect. Where it increases the Credits an activity uses on a plan you pay for, we give you at least 14 days’ notice in the Service or by email, and if you do not agree, you may cancel before it applies and we will refund the fees you prepaid for the unused part of the current paid period.

Credits used stay used. Credits are used when the work is done, whether or not you like, keep, publish or use the result, and including when a build is steered or cancelled or fails after work was done. We may choose to return Credits in a particular case. Doing so does not oblige us to do so again.

Plans. A plan grants a number of Credits every month, whether it is billed monthly or yearly, as shown on the pricing page and at checkout. Each month, Credits are added only up to the plan’s limit: for a plan without carry-over, up to one month’s Credits; for a plan with carry-over, up to the number of months the plan states. A monthly grant does not remove Credits you already hold, but no grant is made beyond the limit. When you change plans, we may adjust your Credits in proportion to the unused part of the current period. Ending a plan stops future grants and does not by itself remove Credits already in your Account.

Top-ups. Where we offer additional Credits for purchase, they are subject to the conditions shown at purchase and to this section.

Payment. Payments are processed by a payment provider that acts as the merchant of record and is named at checkout. Its terms apply to the payment, and it, not Fenan, receives your card or other payment details. Plan fees are charged in advance for each billing period and renew automatically at the then-current price until you cancel. You authorise those recurring charges when you subscribe.

Taxes. Prices may exclude taxes. The merchant of record calculates and collects the taxes that apply to your purchase. You are responsible for any other taxes, duties or charges that apply to your use of the Service or to your Apps.

Price and plan changes. We may change prices, the Credits included in a plan, or the plans we offer. We will give you at least 14 days’ notice in the Service or by email before a change to a plan you pay for, and the change applies from your next renewal. If you do not agree, cancel before that renewal.

Failed payments. If a payment fails or is reversed, your plan may end, and no further plan Credits are granted until payment succeeds. We may suspend paid features, or the Service, until amounts due are paid. If a payment for which Credits were granted is refunded, reversed, disputed or found to be fraudulent, we may remove those Credits from your Account; any of those Credits already used are a debt you owe us, which we may recover, and until it is paid we may suspend your Account.

Cancellation. You may cancel a plan at any time through the billing settings of the Service, which take you to the merchant of record’s portal. Cancellation takes effect at the end of the current paid period, and you keep the plan until then.

Refunds. Fees are not refundable, in whole or in part, including for partial periods or for unused Credits, except where the law requires a refund, where the merchant of record grants one under its own policy, or where section 3, 7, 13 or 20 provides for one.

Chargebacks. Please contact us before disputing a charge with your bank or card issuer, so that we can resolve it. Credits granted for a disputed charge may be removed while the dispute is open and are restored if it is resolved in your favour. Disputing a charge that you know to be valid, or giving false information in a dispute, is a breach of these Terms; we may suspend your Account while such a dispute is open and recover the amount and the fees it causes.

Consumer rights. Where the law gives you, as a consumer, a right to withdraw from a purchase, that right is preserved. Where the law allows, by buying a plan you request that we begin providing the Service and granting Credits at once, and you acknowledge that you lose the right to withdraw once the Service has been fully provided. If you withdraw before then, you pay for the Credits used up to that point, in proportion to the price you paid.

8. Fenan’s intellectual property

Except for your Content and the rights we assign or license to you in section 4, the Service and everything in it belong to Fenan or its licensors. This includes the software, design, look and feel, brand, prompts, instructions, templates, configurations, workflows, the selection and arrangement of models and providers, and documentation. These Terms give you no right in them other than the limited, personal, non-exclusive, non-transferable and revocable right to use the Service in accordance with these Terms.

You may not remove or alter any notice of ownership in the Service. You may not use the Fenan name, logo or other marks, or anything confusingly similar, without our prior written consent, except that you may state accurately that your App was made with Fenan, provided you do not suggest that Fenan endorses, operates or is responsible for it.

9. Third-party services

The Service relies on third parties, including Google for sign-in, GitHub when you connect it to copy an App, a payment provider that is the merchant of record, AI model providers, web search providers, and providers of hosting, databases, storage, source code and email. Your Content is sent to them as needed to provide the Service, as the Privacy Policy describes.

Where you use a third-party service directly, such as Google sign-in, GitHub or the merchant of record’s checkout and portal, that party’s terms and privacy policy govern your use of it. We do not control and are not responsible for the third-party services you use directly, or for websites and services linked from the Service or from Output, and a link does not mean we endorse them. For the providers we use to deliver the Service, we remain responsible to you as for our own performance, subject to sections 14 and 15.

10. AI Output and its limits

Fenan uses AI and can make mistakes. You accept that:

• Output may be wrong, incomplete, out of date, insecure, biased, offensive or similar to other material, and may infringe the rights of others;
• Output is not professional advice of any kind, including medical, legal, financial, tax or security advice;
• you must review and test Output, including the code, behaviour and security of every App, before you rely on it, publish it or let others use it;
• you are responsible for every decision you make and every action you take on the basis of Output;
• where you ask for accounts or sample data, the Service creates demo accounts and sample data that exist in your published App until you change or remove them, and you must do so before real users rely on it;
• we do not guarantee the accuracy, completeness, security or fitness for any purpose of any Output, or that the checks and repairs the Service performs will find or fix every error.

You must not present Output as made by a person where the law requires you to disclose that it was generated by AI.

11. Privacy

Our Privacy Policy explains how we collect and use personal data when you use the Service. The privacy obligations that apply to your Apps and their users and visitors are yours, as section 6 describes.

12. Confidentiality and beta access

Information about the Service that we tell you is confidential or mark as confidential, such as features and plans we show you before their release, and every access code, are Fenan’s confidential information. You must keep them confidential, use them only to use the Service, and not disclose them to anyone unless the law requires it, in which case you will tell us first where the law allows. This section does not cover your own Content or information that becomes public other than through your breach. Nothing in this section stops you from describing your own experience with the Service or reviewing it, as long as you do not disclose an access code or information we have marked as confidential, or from reporting a concern to a regulator, authority or court.

13. Suspension and termination

You may stop using the Service at any time. You can delete chats in the Service. You can delete an App yourself on its page: it rests in Recently deleted, with every chat about it, for 30 days, during which you can restore it, unpublished, in Settings; after that the App, its resources (code, database, storage, site and address) and those chats are deleted for good, and a domain bought for it is no longer renewed. You can delete your Account yourself in Settings: this ends your plan at once, stops your builds, deletes your Apps and their resources (code, database, storage, site and address), your chats and your files, and then the Account, and cannot be undone. A domain you bought through the Service stays registered in Fenan’s account until it expires, and is not renewed. While a payment for a domain is still being settled, you can delete the App it was bought for, or your Account, once it is done.

We may suspend your Account, or your access to any part of the Service, while we investigate a reasonably suspected breach of these Terms. If the suspicion is not confirmed, we lift the suspension and extend any paid period by the time it lasted.

We may suspend or terminate your Account, or your access to any part of the Service, if:

• you have breached these Terms, or a suspension for suspected breach has lasted 30 days without you resolving our concerns;
• we must do so to comply with the law or with an order of a court or authority, or your use exposes us, other users or third parties to legal risk or harm;
• payment is not made when due;
• your Account has not been signed into, and none of your published Apps has been used, for 12 months, and you have not signed in within 30 days after we write to its email address;
• we stop providing the Service or the relevant part of it.

We will give notice where practicable, but may act immediately in serious cases, such as illegal content, fraud, security threats or harm to others. The parties agree that these Terms may be terminated as this section describes without a court decision, and to that extent waive Articles 1266 and 1267 of the Indonesian Civil Code.

When your Account ends, your access to the Service ends and your published Apps are unpublished. Where your Account ends because of your breach, non-payment, a legal requirement caused by you, inactivity or your own request, unused Credits and prepaid fees are forfeited, except where the law requires a refund. Where we close your Account for any other reason, or stop providing the Service, we will refund, within 30 days, the fees you prepaid for the unused part of the current paid period and the price you paid for unused additional Credits you bought in the 12 months before closure. When you delete your Account in Settings, we delete your Content, Apps and their resources at once; when your Account ends in any other way, we delete them within 30 days after it ends. They may remain in backups until those roll off, subject to the records the law requires us to keep and those the Privacy Policy says we keep.

Sections 1, 3 (as to what we do not promise), 4 (as to the licences it grants, the limits of ownership and your responsibilities), 5, 6 (as to your responsibilities as operator and controller, and the data processing terms for as long as we hold your App’s data), 7 (as to amounts owed and forfeiture), 8, 10, 12 and 13 to 22 survive the end of these Terms, together with every other provision that by its nature should survive.

14. Disclaimer of warranties

To the fullest extent permitted by law, the Service, Output, Hosting and everything provided under these Terms are provided "as is" and "as available", with all faults. Fenan disclaims all warranties and conditions, whether express, implied or statutory, including those of merchantability, satisfactory quality, fitness for a particular purpose, title, non-infringement, quiet enjoyment and accuracy, and any arising from a course of dealing or usage of trade.

We do not promise that the Service will be available, uninterrupted, timely, secure or free of errors, that defects will be corrected, that data will not be lost, that the Service or Output will meet your requirements or achieve any result, or that any App will be accepted, used or found lawful anywhere.

Where the law gives you a warranty, guarantee or condition that cannot be excluded, it applies only to the minimum extent the law requires and, where the law allows, our liability for breaching it is limited, at our choice, to supplying the relevant service again or paying the cost of having it supplied again.

15. Limitation of liability

To the fullest extent permitted by law, neither Fenan nor its Affiliates or Personnel will be liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any loss of profits, revenue, business, opportunity, data, use or goodwill, or for the cost of substitute services, arising out of or relating to these Terms, the Service, Output, your Apps or Hosting, even if advised of the possibility of such damages.

To the fullest extent permitted by law, the total liability of Fenan, its Affiliates and its Personnel together, for all claims arising out of or relating to these Terms, the Service, Output, your Apps or Hosting, is limited to the greater of (a) the fees you paid, to us or to the merchant of record, for your use of the Service in the 12 months before the event giving rise to the first claim and (b) USD 100.

These limits apply to every legal theory, including contract, tort (including negligence), strict liability, statute and misrepresentation, and apply even if a limited remedy fails of its essential purpose. They reflect an allocation of risk that is part of the basis of the bargain between you and Fenan, and without which we could not offer the Service, including its free parts, on these terms.

Nothing in these Terms limits or excludes liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, for gross negligence or wilful misconduct, or any other liability that cannot be limited or excluded by law. Where the law of your jurisdiction does not allow some of these limits, they apply to the fullest extent that law allows.

16. Indemnification

You will defend, indemnify and hold harmless Fenan, its Affiliates and its Personnel from and against every claim, demand, proceeding, loss, liability, damage, fine, penalty, cost and expense, including reasonable legal fees, arising out of or relating to:

• your Content;
• your Apps, their operation, and their users, visitors, content and data;
• your breach of these Terms or of the law;
• your infringement of anyone’s rights;
• taxes on your Apps or on transactions made through them;
• any dispute between you and a third party, including a user or visitor of your App;
• anyone’s use of your Account, except to the extent section 2 makes you not responsible for it.

This obligation does not apply to the extent a court or tribunal finally decides that the claim was caused by Fenan’s own fraud or wilful misconduct. We will tell you of a claim within a reasonable time; a delay relieves you only to the extent it prejudices your defence. We may take over the defence of any claim at your expense, and you will cooperate with us. You may not settle a claim that imposes any obligation or admission on Fenan, its Affiliates or its Personnel without our prior written consent. If you are a consumer, this section applies only to the extent the law of your place of residence allows.

17. No personal liability of individuals

To the fullest extent permitted by law, any claim arising out of or relating to these Terms or the Service may be brought only against Fenan as an entity and not against any of its Affiliates or Personnel. No member of the Personnel is personally liable to you for any act or omission of Fenan or in connection with the Service, whether the claim is in contract, tort (including negligence), statute or otherwise.

This section does not exclude an individual’s personal liability for their own fraud or wilful misconduct, or any liability that the law does not allow to be excluded. Fenan’s Affiliates and Personnel are intended beneficiaries of sections 14, 15, 16 and 17 and may enforce them directly.

Fenan provides the Service through the entity named in section 1. If that entity changes, we will update these Terms, and claims lie only against the entity that provided the Service when the event giving rise to the claim occurred.

18. Dispute resolution

Informal resolution first. Before starting any proceeding, a party must send the other a written notice describing the dispute and the relief sought. Notices to Fenan go to hello@fenan.dev and must include your name and the email address of your Account. The parties will try in good faith to resolve the dispute within 30 days after the notice is received.

Arbitration. Any dispute that is not resolved in that time, arising out of or relating to these Terms or the Service, including their existence, validity, interpretation, performance or termination, will be finally settled by arbitration administered by the Indonesian National Board of Arbitration (BANI) in Jakarta under its rules in force when the arbitration starts, in accordance with Law No. 30 of 1999 on Arbitration and Alternative Dispute Resolution. The tribunal will have one arbitrator. The seat is Jakarta, the language of the arbitration is English, and the Indonesian text of these Terms will be made available to the tribunal and the parties. The proceedings and the award are confidential, except as needed to enforce the award or as the law requires. The award is final and binding, and judgement on it may be entered in any court with jurisdiction.

Costs. Where you are a consumer and your claim is for USD 10,000 or less, Fenan pays the administrative fees of the institution and the fees of the arbitrator beyond a filing fee equal to the fee of the court that would otherwise hear the claim, and you bear only your own costs, unless the tribunal finds your claim frivolous or brought for an improper purpose. Otherwise the tribunal allocates the costs of the arbitration. Where the law that protects you as a consumer limits the costs you may be asked to bear, that limit applies.

Individual claims only. Disputes are resolved only on an individual basis. Neither party may bring or take part in a class, collective, consolidated or representative action or arbitration, and the tribunal may not consolidate claims of different users or award relief to anyone who is not a party. If this paragraph is found unenforceable for a particular claim, that claim must be brought in the courts named below, not in arbitration, and, to the extent the law allows, still only on an individual basis; the rest of this section stays in force for every other claim.

Exceptions. Either party may bring an individual claim in a small-claims procedure within that procedure’s limits. Either party may ask a competent court for interim or injunctive relief to stop the infringement of intellectual property rights or unauthorised access to or misuse of the Service, without waiting for the informal resolution period.

Opting out. You may opt out of arbitration by writing to hello@fenan.dev, from the email address of your Account, within 30 days after you first accept these Terms, stating your name and that you opt out of arbitration. If you opt out, or if arbitration does not apply to a dispute, the dispute will be decided by the District Court of Central Jakarta, and the parties submit to its jurisdiction.

Time limit. To the extent the law allows, a claim arising out of or relating to these Terms or the Service must be started within one year after the claimant knew or should have known of the facts giving rise to it, or it is barred.

Jury trial. To the extent the law allows, each party waives any right to a trial by jury.

Your mandatory rights. Nothing in this section takes away a right that the law of your place of residence gives you as a consumer and does not allow you to give up, including any right to bring a claim before a consumer dispute body or court there.

This agreement to arbitrate survives the end of these Terms and of your Account.

19. Governing law and language

These Terms and any dispute arising out of or relating to them or to the Service are governed by the laws of the Republic of Indonesia, without regard to its rules on conflict of laws. Where you are a consumer, the mandatory consumer protection law of your place of residence also applies to the extent it cannot be excluded by agreement.

These Terms are an electronic contract. The parties agree that it is valid and binding under Law No. 11 of 2008 on Electronic Information and Transactions, as amended, and that your acceptance under section 1 has the same effect as a signature.

These Terms are made in English and in Bahasa Indonesia, and both versions are binding. If they are inconsistent or interpreted differently, the parties agree that the English version prevails, as Law No. 24 of 2009 and Presidential Regulation No. 63 of 2019 permit. Neither party will claim that these Terms are invalid or unenforceable because of the language in which they were made or accepted. If, for you, the law does not allow the English version to prevail, the Bahasa Indonesia version prevails for you and is to be read consistently with the English version as far as possible. The Bahasa Indonesia version was made available to you before you accepted these Terms.

20. Changes to these Terms

We may change these Terms, for reasons such as changes in the law, in the Service or its features, in our providers, in security needs or in our costs. We will announce a material change in the Service or by email at least 14 days before it applies, except where a change is required by law or addresses a new feature or a security risk, in which case it may apply sooner. A material change that reduces your rights under a plan you pay for applies to you only from your next renewal, unless the law or a security risk requires it sooner. The effective date at the top shows when these Terms last changed. If you do not agree to a change, you may end these Terms before it applies by cancelling your plan and closing your Account, and we will refund the fees you prepaid for the unused part of the current paid period. Where the law allows, continuing to use the Service after a change applies means you accept it.

21. General

• Entire agreement. These Terms, with the documents they incorporate, are the entire agreement between you and Fenan about the Service and replace every earlier agreement or understanding about it. You confirm that you have not relied on any statement or promise that is not in these Terms, except that nothing in this clause limits liability for fraud.
• Severability. If a court or tribunal finds any provision invalid or unenforceable, it will be enforced to the maximum extent permitted, and the rest of these Terms remain in full effect.
• No waiver. A failure or delay in enforcing a provision is not a waiver of it. A waiver is effective only in writing signed by the party giving it.
• Assignment. We may assign or transfer these Terms, in whole or in part, to an Affiliate or in connection with a merger, acquisition, reorganisation or sale of assets. You may not assign or transfer them without our prior written consent, and any attempt to do so is void.
• Force majeure. Neither party is liable for a failure or delay caused by events beyond its reasonable control, including natural disasters, epidemics, war, terrorism, civil unrest, government action, labour disputes, failures of power or the internet, cyberattacks, and failures of third-party providers that could not reasonably have been prevented or worked around. This does not excuse an obligation to pay.
• Export control and sanctions. You confirm that you are not located in, or ordinarily resident in, a country subject to comprehensive sanctions, and are not named on any sanctions list. You will not use or export the Service or Output in breach of export control or sanctions law.
• Notices. We may give you notice in the Service or at the email address of your Account. You must give notice to Fenan at hello@fenan.dev. A notice by email is given when sent, unless the sender learns that it was not delivered.
• Electronic communications. You agree to receive communications from us electronically, and these satisfy any legal requirement that a communication be in writing.
• Independent parties. No partnership, joint venture, employment, agency or fiduciary relationship exists between you and Fenan.
• Third-party rights. Except as section 17 provides, no one other than you and Fenan has any right to enforce these Terms.
• Interpretation. "Including" and similar words mean including without limitation. Headings are for convenience only and do not affect interpretation. The singular includes the plural and the reverse.
• Survival. Provisions that section 13 names, and every other provision that by its nature should survive, survive the end of these Terms.

22. Contact

Questions about these Terms, notices, and requests go to Fenan at hello@fenan.dev. Fenan’s registered address and registration details are available on request at the same address.