1. Agreement to Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you and Indi Creative Agency Pty Ltd (ABN pending), trading as Fexter ("we", "us", "our").

By accessing or using Fexter, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use our service.

2. Description of Service

Fexter is a landing page builder platform that allows users to:

Create and publish landing pages
Collect lead enquiries through forms
Use custom domains and subdomains
Access templates and design tools

3. Account Registration

To use Fexter, you must create an account. You agree to:

Provide accurate and complete registration information
Maintain the security of your account credentials
Notify us immediately of any unauthorized access
Accept responsibility for all activities under your account

4. Subscription Plans and Payment

4.1 Plans

We offer Free, Pro, and Agency subscription plans. Features and pricing are as displayed on our pricing page and may change with notice.

4.2 Billing

Paid subscriptions are billed monthly in advance. By subscribing, you authorize us to charge your payment method on a recurring basis until cancelled.

4.3 Refunds

Subscription fees are non-refundable except as required by Australian Consumer Law. You may cancel your subscription at any time, and it will remain active until the end of the current billing period.

5. Acceptable Use

You agree not to use Fexter to:

Violate any applicable laws or regulations
Infringe on intellectual property rights of others
Distribute malware, spam, or harmful content
Engage in fraudulent or deceptive practices
Collect personal information without proper consent
Create pages promoting illegal products or services
Impersonate others or misrepresent your business
Interfere with the operation of our platform

We reserve the right to suspend or terminate accounts that violate these terms.

6. Content and Intellectual Property

6.1 Your Content

You retain ownership of content you create on Fexter. By using our service, you grant us a license to host, display, and distribute your content as necessary to provide the service.

6.2 Our Intellectual Property

Fexter, including our templates, design elements, and platform code, is owned by Indi Creative Agency Pty Ltd. You may not copy, modify, or distribute our intellectual property without permission.

6.3 Fexter Branding

Free plan users must display "Made with Fexter" branding on their landing pages. Pro and Agency users may remove this branding.

7. Lead Data

When visitors submit enquiries through your landing pages:

Lead data is stored securely and provided exclusively to you, the landing page owner
Fexter does not access, view, read, or use your lead submission data in any way
We do not sell, share, or transfer lead data to any third parties
You are responsible for handling lead data in accordance with applicable privacy laws
You must ensure your use of lead data complies with the Australian Privacy Act

Your leads are your business. We simply provide the infrastructure to collect and store them securely for you.

8. Marketing to Fexter Users

By creating an account on Fexter, you acknowledge and agree that:

Indi Creative Agency Pty Ltd and its affiliated companies may contact you about Fexter services, new features, and special offers.
We or our affiliated marketing partners may contact you by phone, email, or SMS regarding digital marketing services (such as Google Ads management, SEO, social media marketing) and other products that may benefit your business.

You may opt out of marketing communications at any time by contacting unsubscribe@fexter.io or by following the unsubscribe instructions in any message.

9. Domains

9.1 Subdomains

Subdomains (yourname.fexter.io) are provided at our discretion. We may reclaim subdomains that are inactive, misleading, or violate our terms.

9.2 Custom Domains

Pro and Agency users may connect custom domains. You are responsible for domain registration, DNS configuration, and ensuring you have rights to use the domain.

10. Service Availability

We strive for high availability but do not guarantee uninterrupted service. We may perform maintenance, updates, or modifications that temporarily affect access. We are not liable for any downtime or service interruptions.

11. Limitation of Liability

To the maximum extent permitted by law:

Fexter is provided "as is" without warranties of any kind, express or implied.
We are not liable for any indirect, incidental, special, consequential, or punitive damages arising from your use of the service.
Our total liability is limited to the amount you paid us in the 12 months preceding the claim.
We are not responsible for the content you create or leads you receive.

Nothing in these terms excludes or limits any rights you have under the Australian Consumer Law that cannot be excluded or limited.

12. Indemnification

You agree to indemnify and hold harmless Indi Creative Agency Pty Ltd, its officers, employees, and affiliates from any claims, damages, or expenses arising from your use of Fexter, your content, or your violation of these Terms.

13. Termination

We may suspend or terminate your account if you violate these Terms or for any other reason at our discretion. Upon termination:

Your access to Fexter will be revoked
Your landing pages will be taken offline
We may delete your data after a reasonable retention period
You will not be entitled to a refund for unused subscription time

14. Changes to Terms

We may modify these Terms at any time. We will notify you of material changes by email or through the platform. Continued use after changes constitutes acceptance of the modified Terms.

15. Governing Law

These Terms are governed by the laws of Australia. Any disputes will be subject to the exclusive jurisdiction of the courts of Australia.

16. Contact

For questions about these Terms, contact us at:

Indi Creative Agency Pty Ltd (trading as Fexter)
Email: legal@fexter.io