Terms of Service

These Terms of Service ("Terms") constitute a legally binding agreement between you and Fend, Inc. ("Fend," "we," "us," or "our") governing your access to and use of the Fend platform, located at thefend.com (the "Platform").

By creating an account or using the Platform, you confirm that you have read, understood, and agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Platform.

We may update these Terms from time to time. We will notify you of material changes via email or through the Platform at least 30 days before they take effect. Your continued use of the Platform after the effective date constitutes acceptance of the updated Terms.

Fend is a paid, members-only professional network for founders, operators, angels, advisors, and venture capitalists in the startup ecosystem.

To use the Platform, you must: (a) be at least 18 years old; (b) have the legal capacity to enter into a binding agreement; (c) provide accurate and complete information during registration; and (d) maintain an active paid subscription.

Access to the Platform is by invitation only. You must receive an invite code from Fend after your waitlist application is approved. Invite codes are non-transferable and single-use.

Fend reserves the right to approve, deny, or revoke membership at its sole discretion, without obligation to provide a reason.

You sign in using Google OAuth. You are responsible for all activity that occurs under your account. You must promptly notify us if you suspect unauthorized access.

You may not: (a) create more than one account; (b) share your account credentials; (c) use another person's account; or (d) transfer your account to another person.

We may suspend or terminate your account if you violate these Terms or if your subscription lapses.

Access to the Platform requires a paid subscription. Subscription pricing, billing frequency, and payment terms are described in our Payment Terms.

We may offer promotional codes that discount or waive subscription fees for a limited period. Promotional terms are specified at the time of issuance.

For full details on billing, refunds, and cancellation, see our Payment Terms.

Showcases are company-authored posts that highlight accomplishments, launches, or updates ("here's what we built"). Showcases are visible to all Platform members.

By posting a Showcase, you represent that: (a) you are authorized to post on behalf of the associated company; (b) the content is accurate and not misleading; and (c) the content does not infringe any third-party rights.

You retain ownership of Showcase content. By posting, you grant Fend a non-exclusive, worldwide, royalty-free license to display, distribute, and promote your Showcase within the Platform and in marketing materials.

Fend may remove any Showcase that violates these Terms or that we determine, in our sole discretion, is inappropriate for the network.

Pilots are structured collaboration listings posted by companies that describe a specific need — a design partner, beta testers, an integration, or a service engagement ("here's what we need"). Pilots include a title, description, requirements, timeline, and budget range.

By posting a Pilot, you represent that: (a) you have the authority to commit your company to the described engagement; (b) the budget range, timeline, and requirements are stated in good faith; and (c) you intend to engage with qualified respondents.

Pilot transactions are facilitated through the Platform. Fend charges a transaction fee of 5% of the total pilot contract value from each party (the posting company and the engaged company). See Payment Terms for details.

Fend facilitates the connection and payment process but is not a party to the underlying engagement between companies. Fend does not guarantee the quality, completion, or outcome of any Pilot engagement.

Companies participating in Pilots are responsible for their own contracts, deliverables, timelines, and dispute resolution. Fend may assist in dispute mediation but is not obligated to do so.

You are solely responsible for all content you post on the Platform, including profile information, company details, Showcases, and Pilots.

You may not post content or engage in conduct that: (a) is unlawful, fraudulent, or deceptive; (b) infringes intellectual property, privacy, or other rights of any third party; (c) contains malware, spam, or unsolicited advertising; (d) harasses, threatens, or discriminates against any person; (e) misrepresents your identity, qualifications, or company affiliation; or (f) attempts to scrape, extract, or bulk-download Platform data.

Fend may remove content or suspend accounts that violate these Terms, without prior notice.

The Platform — including its design, code, branding, and all original content created by Fend — is owned by Fend and protected by intellectual property laws. You may not copy, modify, distribute, or reverse-engineer any part of the Platform.

You retain ownership of content you submit. By posting content, you grant Fend the limited license described in Sections 5 and 6 above.

Fend's name, logo, and brand marks are trademarks of Fend, Inc. You may not use them without our prior written consent, except to identify your membership (e.g., "Member of Fend").

Your use of the Platform is also governed by our Privacy Policy, which describes how we collect, use, and protect your personal information.

By using the Platform, you consent to the data practices described in the Privacy Policy.

The Platform is provided "as is" and "as available." Fend makes no warranties, express or implied, regarding the Platform's availability, reliability, accuracy, or fitness for a particular purpose.

Fend does not endorse, verify, or guarantee the accuracy of any member profile, company listing, Showcase, or Pilot. You engage with other members and their content at your own risk.

Fend is not responsible for the outcome of any Pilot engagement, business relationship, or transaction between members.

To the maximum extent permitted by law, Fend's total liability for any claims arising from your use of the Platform is limited to the total amount you paid to Fend in the 12 months preceding the claim.

Fend is not liable for indirect, incidental, special, consequential, or punitive damages, including lost profits, lost data, or business interruption, even if we have been advised of the possibility of such damages.

You agree to indemnify and hold harmless Fend, its officers, directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable attorney's fees) arising from: (a) your use of the Platform; (b) your violation of these Terms; (c) content you post; or (d) your Pilot engagements with other members.

You may cancel your subscription and close your account at any time through your account settings or by contacting us.

Fend may suspend or terminate your access at any time, with or without cause, with or without notice. Upon termination, your right to use the Platform ceases immediately.

Sections 8 (Intellectual Property), 10 (Disclaimers), 11 (Limitation of Liability), 12 (Indemnification), and 14 (Governing Law) survive termination.

These Terms are governed by the laws of the State of Delaware, without regard to conflict of law principles.

Any disputes arising from these Terms or your use of the Platform will be resolved through binding arbitration administered by the American Arbitration Association, conducted in English. You waive the right to a jury trial and to participate in class actions.

Either party may seek injunctive relief in any court of competent jurisdiction to prevent irreparable harm.

If you have questions about these Terms, contact us at [email protected].