Terms of Service

1. What Faerra is

Faerra is software that lets you sell digital products, subscriptions and payment plans. We provide the checkout, the delivery, and the records. We do not sell your products, and we are not a party to the sales you make.

“You” means the person or business with a Faerra account. “Buyer” means someone who purchases from you through Faerra. “Seller” and “you” mean the same thing where the section is about selling. “Content” means anything you upload, connect or publish through Faerra — files, product descriptions, prices, store pages, domains — and it appears in lower case in the rest of this document without changing meaning.

2. Who can have an account

You must be at least 18 and able to enter a binding contract where you live. If you sign up on behalf of a business, you are stating that you have the authority to bind it, and “you” means both you and that business.

Faerra is not currently offered in the European Economic Area or the United Kingdom. Accounts are not available to sellers established there, and the checkout does not accept buyers located there. We intend to open both once the data-protection arrangements those markets require are in place, and we will say so here before we do.

Give us accurate information and keep it current. One person or business, one account, unless we agree otherwise in writing. You may not use Faerra if we have previously closed your account for cause, or if you are on a US sanctions list or located in a country under comprehensive US or EU sanctions.

Buyers are not required to hold a Faerra account. A buyer must be old enough to enter a binding contract where they live, or be acting with the consent of someone who is. Whether a particular product is suitable for a particular buyer is the seller's call, not ours.

3. You are the seller

Payments run on Stripe Connect using direct charges. That means the charge is made on your Stripe account, and you are the merchant of record for every sale. In practice:

• The buyer's contract is with you, not with us.
• Money settles into your Stripe account on your payout schedule. We never hold it.
• You are responsible for refunds, chargebacks, and answering your buyers.
• You are responsible for publishing your own refund and delivery terms to your buyers, and for honouring them.
• You are responsible for publishing your own privacy notice to your buyers, and for having a lawful basis for whatever you do with their data once it reaches you.
• You are responsible for any tax you owe on your sales, and for whether you need to register for it. Faerra can calculate tax through Stripe Tax if you enable it; calculating is not advising, and it is not remitting.
• Your buyers' details are yours. We process them to run the service for you, under section 12 and the Privacy Policy.

You also agree to Stripe's own terms for connected accounts. Stripe can suspend or restrict your account independently of us, and if it does, we cannot process payments for you. That is not a failure of Faerra and it is not something we can appeal on your behalf.

4. Our fee, and your plan

We take a percentage of each sale as a Stripe application fee, deducted at the time of the charge. The rate depends on your plan and is shown in your account before you sell anything. Plans may also carry a subscription price.

When you refund a sale, our fee on it is refunded with it. When you lose a chargeback, our fee on that sale is returned to you — you should not pay us for a sale you did not keep.

If your plan carries a subscription price, it renews automatically for the same period until you cancel. We charge the payment method you have on file through Stripe on the renewal date. Cancelling stops the next renewal rather than refunding the current one, and you can cancel at any time from your account. If we cannot collect, we may downgrade or suspend the account after telling you.

Our fee is exclusive of any tax we are required to charge on it. Where we must charge tax on our own fee, we will add it and show it.

We may change our prices. If we do, we will tell you by email at least 30 days before the change applies to you, and you can close your account rather than accept it. A price change never applies retroactively to sales already made.

5. What you may sell

You may not use Faerra to sell anything illegal where you or your buyer are, anything you do not have the rights to, or anything on Stripe's restricted businesses list — that list applies to you through Stripe whatever we say here.

Specifically and without narrowing the above, you may not sell: material that sexualises minors; content you do not hold or licence the rights to; malware, credential dumps, or tools whose purpose is unauthorised access; forged documents or identity products; goods or services that require a licence you do not hold; or anything marketed with claims you cannot substantiate.

We can suspend an account we reasonably believe is breaking this, on the terms in section 13. If we are wrong, tell us and we will put it back.

6. What you may not do to Faerra itself

Separately from what you sell: do not probe, scan or test the security of the service except through a report to us; do not circumvent rate limits, download limits or access controls; do not scrape the service or use it to build a competing product from our data; do not resell or sublicense access to Faerra itself; do not use it to send unsolicited bulk email; and do not deliberately overload the infrastructure.

If you find a security flaw, tell us at security@faerra.com before you tell anyone else. We will not pursue you for a good-faith report made under those conditions.

7. Your content, and what we may do with it

Your content stays yours. We claim no ownership of your products, your store, or your customer relationships.

To run the service, you grant us a non-exclusive, worldwide, royalty-free licence to host, store, copy, transmit, encode and display your content — but only to operate, secure, back up and deliver Faerra to you and your buyers. That licence lasts as long as we hold the content, and it ends when the content is deleted, apart from backups that expire on their normal schedule.

You are responsible for what you upload and for having the right to distribute it. We store your files to deliver them, and we will remove anything we are legally required to remove.

If you send us feedback or a feature idea, we may use it without owing you anything for it. We are not taking your product; we are avoiding an argument about who thought of a menu item.

8. Copyright, illegal content, and how to report it

Copyright. We respond to notices under the Digital Millennium Copyright Act. If you believe content on Faerra infringes your copyright, send a notice to our designated agent:

Nathaniel Hastings, Faerra LLC

2810 N Church St, PMB 411821, Wilmington, DE 19802-4447

legal@faerra.com

Your notice must include: your physical or electronic signature; identification of the work you say is infringed; identification of the material you want removed and enough detail for us to find it; your contact details; a statement that you believe in good faith the use is not authorised by the owner, its agent, or the law; and a statement, under penalty of perjury, that the information is accurate and that you are the owner or authorised to act for them.

If we remove your content under such a notice, we will tell you, and you may send a counter-notice with the elements the DMCA requires. If we receive a valid counter-notice, we may restore the content in 10 to 14 business days unless the complainant tells us they have filed suit.

We terminate the accounts of repeat infringers. Filing a notice you know to be false can make you liable for damages under 17 U.S.C. section 512(f); we take that seriously in both directions.

Anything else that should not be there. Report it to abuse@faerra.com with a link and a description of the problem. Anyone can report; you do not need an account. We will look at every report, act where we should, and tell the reporter what we did. If we remove content or restrict an account as a result, we will give the person affected a written reason and a way to disagree with it.

9. Your account

Keep your password to yourself, and tell us if you think someone else has it. You are responsible for what happens under your account. If you invite someone to Faerra with an invite code, you are not responsible for what they do.

10. Availability, and changes to the service

We work to keep Faerra running and we do not promise it never breaks. There is no uptime guarantee at this stage, and we will not pretend otherwise. We take backups, and we will tell you plainly if something goes wrong that affects your sales or your buyers.

We may add, change or remove features. If we remove something you depend on, we will give you reasonable notice and, where we can, a way to export what that feature held.

11. Buyers

If you are a buyer rather than a seller, most of this document is not about you. What applies to you is this:

Your purchase contract is with the seller, not with Faerra. The seller sets the price, the product, the refund policy and the support. We provide the checkout, deliver what you bought, and keep the record of it. Questions about the product, refunds, or the seller's promises go to the seller. Questions about your personal data go to the seller first, and to privacy@faerra.com if you cannot reach them.

Using the order portal, you agree not to share or resell your download links or licence keys, not to circumvent download limits, and not to attempt access to orders that are not yours. Access to what you bought is tied to the purchase: a refunded or charged-back order loses it.

The version of these terms in force is the one posted when you bought. We do not have your email unless the seller's checkout collected it, so we cannot notify you of changes, and changes do not apply backwards to a purchase already made.

Sections 15, 17, 18 and 19 apply to you as well, for any claim you bring against Faerra itself. They do not affect any claim you have against the seller.

12. Delivery, access, and buyer data

Faerra delivers what your buyer paid for: a file, a link, a licence key, or a role in your Discord server. Access is tied to the purchase, so a refunded or charged-back order loses it. Download links can be re-issued by the buyer from their order page.

If you close your account, your buyers' access to files hosted by Faerra ends when your content comes down. Tell your buyers before you go, and give them another way to get what they paid for. We will keep the order records, but we cannot serve files we no longer hold.

For buyer personal data, you are the controller and we are the processor. We process it on your documented instructions, which for ordinary use means the instructions built into the product's settings. If your own obligations require a data processing agreement with us, ask at privacy@faerra.com and we will provide one, and its terms will govern over these terms where they conflict on data protection, including on liability for data-protection claims.

If you connect a third-party integration — Zapier, Mailchimp, Kit, Flodesk, your own webhook — you are instructing us to send buyer data there, and what happens to it after that is between you and that service.

13. Suspension, and why we tell you

We may suspend an account, a product, or a payout-affecting feature if we reasonably believe it is being used in breach of section 5 or section 6, if Stripe requires it, if we are legally required to, or if leaving it running would expose buyers or us to fraud or loss.

When we do, we will give you a written statement of the reason, the facts we relied on, and how to disagree with it, at the time of the suspension or as soon after as the law allows us to. If the reason turns out to be wrong, we lift it and say so.

14. Ending it

You can close your account at any time. Your Stripe account, your products and your customer relationships are yours and go with you — we do not hold them hostage, and there is no exit fee.

We can close your account if you break these terms, or with reasonable notice if we stop offering the service. If we close it without cause, we will give you time to export what you need and refund any unused portion of a plan.

Sales already made, and the records of them, survive your account closing — we may need them for tax, disputes and legal obligations. Sections 7 (as to backups), 11, 12, 14, 15, 16, 17, 18, 19 and 20 survive too.

15. Disclaimer

FAERRA IS PROVIDED “AS IS” AND “AS AVAILABLE”. TO THE FULLEST EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED AND STATUTORY, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.

WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT ANY DATA WILL BE PRESERVED WITHOUT LOSS. YOU ARE RESPONSIBLE FOR KEEPING YOUR OWN COPIES OF YOUR PRODUCT FILES AND YOUR RECORDS.

WE MAKE NO WARRANTY ABOUT ANY THIRD-PARTY SERVICE, INCLUDING STRIPE, DISCORD, OR ANY INTEGRATION YOU CONNECT.

Some jurisdictions do not allow the exclusion of certain warranties. Where that is the case, the exclusions above apply only to the extent that jurisdiction permits, and you may have rights that these terms do not affect.

16. Indemnity

You will defend, indemnify and hold us harmless from any claim, demand, loss, liability, and reasonable legal fees arising out of: the products you sell and the promises you make about them; your content and whether you had the right to distribute it; your relationship with your buyers, including refunds, chargebacks and complaints; tax you owed and did not pay; your breach of these terms or of any law; and data you instructed us to send to a third-party integration.

We will tell you promptly about any claim we want covered, let you control the defence with counsel we do not unreasonably object to, and cooperate. You may not settle anything that admits fault on our part or binds us to do something without our written consent.

This section applies to sellers. It does not apply to buyers.

17. Limit of liability

TO THE EXTENT THE LAW ALLOWS, NEITHER PARTY IS LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, OR FOR LOST PROFITS, LOST REVENUE, LOST SALES, LOST DATA, OR LOSS OF GOODWILL, EVEN IF TOLD THEY WERE POSSIBLE.

OUR TOTAL LIABILITY TO YOU FOR ALL CLAIMS TAKEN TOGETHER IS LIMITED TO THE GREATER OF (A) THE FEES YOU PAID US IN THE TWELVE MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS. FOR A BUYER, IT IS LIMITED TO WHAT YOU PAID FOR THE ORDER THE CLAIM IS ABOUT.

These limits do not apply to your indemnity obligations under section 16, to either party's fraud or wilful misconduct, or to any liability that cannot legally be limited — which includes death or personal injury caused by negligence, and, for EEA and UK residents, the mandatory rights consumer law gives you. Where we and a seller have signed a data processing agreement, that agreement governs liability for data-protection claims between us instead of this section.

The limits above apply even if a remedy in these terms is found to have failed of its essential purpose. You and we both understand that the fee in section 4 is set on the basis of this allocation of risk.

18. Disputes: talk first, then arbitration

Read this section. It affects how any dispute between you and Faerra gets decided, and it gives up your right to a jury and to a class action.

Who it covers. This section applies to disputes between you and Faerra. It does not apply to your dispute with a seller or with a buyer — we are not a party to those. It does not apply to you if you are a consumer resident in the EEA or the UK, or anywhere else whose law does not permit it; section 19 governs your disputes instead.

Talk first. Before either of us files anything, the one with the complaint sends the other a written notice describing it and what they want. Send yours to legal@faerra.com. We have 30 days to try to resolve it in good faith. This step is a condition of filing, and the clock on any deadline pauses while it runs.

Arbitration. If that does not resolve it, any dispute arising out of or relating to these terms or to Faerra will be resolved by final and binding individual arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules then in effect, before one arbitrator, in Will County, Illinois, or by video or on documents only if you prefer. The Federal Arbitration Act governs this section. The arbitrator decides all issues except the enforceability of the class waiver below, which a court decides. Judgment on the award may be entered in any court with jurisdiction.

Fees. For claims under 10,000 US dollars brought by an individual — a seller who is a natural person, or a buyer — we will pay the filing and arbitrator fees beyond what you would pay to file the same claim in court, unless the arbitrator finds the claim frivolous. You will never be ordered to pay our legal fees except where a statute allows it and the arbitrator finds your claim frivolous.

Class waiver. You and we may bring claims only in an individual capacity, not as a plaintiff or class member in a class, collective, consolidated or representative action. The arbitrator may not consolidate more than one person's claims or preside over any representative proceeding. If this paragraph is found unenforceable as to a particular claim, that claim — and only that claim — leaves arbitration and goes to court under section 19; the rest stays in arbitration.

Mass filings. If 25 or more similar claims are filed against us by or with the coordination of the same counsel, the parties will follow the AAA's mass-arbitration or batching rules, and if it has none in force, the claims will be batched in groups of no more than 50 with a single arbitrator per batch.

Carve-outs. Either of us may bring a claim in small claims court if it qualifies, and either of us may seek injunctive relief in court to protect intellectual property or to stop unauthorised access.

Opting out. You can opt out of this arbitration agreement, including the class waiver, by emailing legal@faerra.com within 30 days of first accepting these terms, saying you opt out and giving the email address on your account or your order. Opting out costs you nothing and changes nothing else. If you opt out, section 19 governs your disputes.

19. Governing law and courts

These terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws rules, and by the Federal Arbitration Act as to section 18. The UN Convention on Contracts for the International Sale of Goods does not apply.

For any dispute that is not in arbitration — because it was carved out, because you opted out, or because a court holds the arbitration agreement unenforceable — you and we submit to the exclusive jurisdiction of the Circuit Court of Will County, Illinois and the United States District Court for the Northern District of Illinois, and each of us waives any objection to that venue.

If you are a consumer resident in the EEA or the UK, nothing in these terms deprives you of the protection of mandatory consumer-protection provisions of the law where you live, or of the right to bring proceedings in your local courts.

20. Everything else

Changes. If we change these terms materially we will email account holders at least 30 days before the change takes effect, and post the new version with a new date. Continuing to use Faerra after that means you accept the new version. If a change to section 18 is one you do not want, you may reject it by emailing us within 30 days, and the previous version of section 18 will keep applying to you. Buyers are covered by section 11 instead.

Notices. We reach you at the email on your account; keep it working. You reach us at the addresses in this document. Email counts as writing.

Assignment. You may not assign these terms without our written consent. We may assign them to an affiliate or in connection with a merger, acquisition or sale of assets, and we will tell you if we do.

Severability. If a provision is held unenforceable, it is narrowed to the minimum extent needed, or struck if it cannot be, and the rest stays in force. The class waiver in section 18 is the exception, and is handled the way that section says.

No waiver. Not enforcing something once is not giving it up.

Force majeure. Neither of us is liable for a failure caused by something outside reasonable control, other than an obligation to pay money already owed.

Entire agreement. These terms, the Privacy Policy, any data processing agreement between us, and your plan's pricing page are the whole agreement about Faerra, and replace anything said before.

Third parties. Nobody else gets rights under these terms.

Independent parties. We are not partners, and neither of us is the other's agent or employee.

Export and sanctions. You will comply with US export control and sanctions law in using Faerra.

21. Contact

Questions about any of this: support@faerra.com

Reports of illegal or infringing content: abuse@faerra.com

Security reports: security@faerra.com

Privacy requests: privacy@faerra.com

Legal, arbitration and DMCA notices: legal@faerra.com

Postal: Faerra LLC, 2810 N Church St, PMB 411821, Wilmington, DE 19802-4447