Terms of Service and User Agreement

1. Acceptance of Terms

This Terms of Service and User Agreement (this "Agreement") is a legally binding agreement between you ("User," "you," or "your") and Visual Visitor, LLC ("Visual Visitor," "we," "us," or "our"), governing your access to and use of FDD.ninja, an AI-powered franchise disclosure document research and information platform (the "Service" or "FDD.ninja").

BY ACCESSING OR USING FDD.NINJA, CLICKING "I AGREE," SIGNING IN, OR OTHERWISE INTERACTING WITH THE SERVICE, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THIS AGREEMENT IN ITS ENTIRETY. IF YOU DO NOT AGREE, YOU MUST IMMEDIATELY CEASE ALL USE OF THE SERVICE.

If you are using FDD.ninja on behalf of a company or other legal entity, you represent and warrant that you have authority to bind such entity to this Agreement, and references to "you" and "your" shall refer to both you and such entity.

2. Description of Service

FDD.ninja is a publicly accessible, software-enabled research and information platform designed to assist users in locating and reviewing publicly available franchisor disclosure materials. The Service provides access to:

• Searchable databases of pre-answered questions derived from Franchise Disclosure Documents ("FDDs") across thousands of franchise brands;
• An AI-powered chat assistant capable of responding to user questions about FDD content in plain English, with responses grounded in publicly available FDD materials;
• Summaries, excerpts, citations, and AI-assisted interpretations of publicly available franchise disclosure documents; and
• Related informational resources and tools to assist prospective franchisees in researching franchise opportunities.

FDD.ninja may also route user inquiries or leads to franchise brands participating in the Franchise Ninja platform operated by Visual Visitor. Submission of an inquiry through FDD.ninja constitutes your consent to such routing.

FDD.ninja is made available to individual consumers and prospective franchisees free of charge or, for certain features, under separate sign-up terms that are incorporated herein by reference.

3. Informational Purpose; No Legal, Financial, or Professional Advice

3.1 Informational Tool Only

THE INFORMATION AND CONTENT PROVIDED THROUGH FDD.NINJA IS FOR RESEARCH AND INFORMATIONAL PURPOSES ONLY. FDD.NINJA DOES NOT PROVIDE LEGAL, FINANCIAL, INVESTMENT, OR PROFESSIONAL ADVICE OF ANY KIND. NO INFORMATION, CONTENT, OUTPUT, SUMMARY, CITATION, ANALYSIS, OR RESPONSE GENERATED BY OR THROUGH FDD.NINJA CONSTITUTES OR SHOULD BE CONSTRUED AS LEGAL, FINANCIAL, OR REGULATORY ADVICE.

You acknowledge that qualified legal and financial professionals, including a licensed franchise attorney familiar with applicable state and federal franchise laws, should be consulted before making any franchise investment or business decision.

3.2 FTC Compliance and Franchise Disclosure Laws

FDD.ninja operates in accordance with the Federal Trade Commission's Franchise Rule (16 C.F.R. Part 436) and applicable state franchise registration and disclosure laws. Nothing in the Service is intended to constitute an offer to sell a franchise or a solicitation of an offer to buy a franchise, nor shall any use of FDD.ninja satisfy any applicable pre-sale disclosure requirements.

Specifically, and without limitation: USE OF FDD.NINJA DOES NOT SATISFY, REPLACE, SUBSTITUTE FOR, OR WAIVE THE FOURTEEN (14) DAY PRE-SALE DISCLOSURE QUIET PERIOD REQUIRED UNDER THE FTC FRANCHISE RULE AND APPLICABLE STATE FRANCHISE DISCLOSURE LAWS. Any franchisor or franchise sales representative who uses or references FDD.ninja content in connection with a franchise sales process remains independently obligated to comply with all applicable federal and state franchise disclosure and registration requirements.

3.3 AI-Generated Content Limitations

You acknowledge and agree that FDD.ninja uses artificial intelligence and machine-learning technologies to generate or assist in generating content, outputs, summaries, classifications, citations, analyses, and responses (collectively, "AI-Generated Content"). AI-Generated Content:

• Is provided for informational purposes only;
• May contain errors, omissions, or inaccuracies;
• May not reflect the most current version of any franchise's FDD or other disclosure document;
• May include interpretations that differ from the original disclosure document;
• Is not warranted by Visual Visitor to be original, complete, non-infringing, or suitable for any particular purpose; and
• Should never be relied upon as a substitute for independent human review of the official, current FDD and qualified professional advice.

You are solely responsible for verifying the accuracy, completeness, currency, legality, and appropriateness of any AI-Generated Content before relying upon it for any purpose.

3.4 No Guarantee of Franchise Performance or Outcomes

FDD.ninja does not predict, guarantee, imply, or project the success or failure of any franchise opportunity. Historical financial performance information derived from FDD disclosures does not guarantee or predict future results. Any information about franchise fees, earnings, obligations, or performance contained in FDD.ninja is based on publicly disclosed historical data and is subject to change. Actual results may vary materially.

4. Disclaimer of Warranties

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FDD.NINJA AND ALL CONTENT, INFORMATION, AI-GENERATED CONTENT, AND SERVICES PROVIDED THROUGH IT ARE PROVIDED "AS IS" AND "AS AVAILABLE," WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. VISUAL VISITOR EXPRESSLY DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION:

• Any implied warranties of merchantability, fitness for a particular purpose, or non-infringement;
• Any warranty that the Service will be uninterrupted, error-free, secure, or free of viruses or other harmful components;
• Any warranty as to the accuracy, completeness, currency, or reliability of any content or AI-Generated Content available through the Service;
• Any warranty that information provided is consistent with the current or official version of any franchise disclosure document; and
• Any warranty that the Service complies with all applicable franchise disclosure laws or that its use satisfies any applicable regulatory requirement.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES; IN SUCH JURISDICTIONS, THE FOREGOING EXCLUSIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

5. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL VISUAL VISITOR, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, LICENSORS, OR SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES OF ANY KIND, INCLUDING WITHOUT LIMITATION: LOST PROFITS, LOSS OF REVENUE, LOSS OF DATA, LOSS OF BUSINESS OPPORTUNITY, FINANCIAL LOSSES ARISING FROM FRANCHISE INVESTMENT DECISIONS, OR ANY OTHER ECONOMIC OR CONSEQUENTIAL LOSS, ARISING OUT OF OR IN CONNECTION WITH:

• Your access to or use of (or inability to access or use) the Service;
• Your reliance on any content, AI-Generated Content, information, summary, citation, or analysis provided through the Service;
• Any errors, inaccuracies, omissions, or outdated information in content available through the Service;
• Any franchise investment or business decision made in connection with information obtained through the Service; or
• Any unauthorized access to or alteration of your transmissions or data.

IN NO EVENT SHALL VISUAL VISITOR'S AGGREGATE LIABILITY TO YOU FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE EXCEED THE GREATER OF (I) THE AMOUNTS PAID BY YOU TO VISUAL VISITOR IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR (II) ONE HUNDRED DOLLARS ($100.00).

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES; IN SUCH JURISDICTIONS, THESE LIMITATIONS SHALL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

6. Intellectual Property

6.1 Visual Visitor Intellectual Property

The Service, including its design, architecture, software, features, databases, algorithms, AI models, and all content created or owned by Visual Visitor (collectively, "Visual Visitor IP"), is the exclusive property of Visual Visitor and its licensors, protected by United States and international copyright, trademark, patent, and other intellectual property laws. You are granted no ownership rights in the Service or Visual Visitor IP.

6.2 FDD Content

Franchise Disclosure Documents and excerpts derived therefrom are the property of the respective franchisors or are otherwise publicly available regulatory filings. Visual Visitor makes use of such materials for research, informational, and educational purposes. Visual Visitor does not represent that its use of FDD content has been authorized by any franchisor, and makes no representations as to the completeness or accuracy of any FDD-derived content as compared to the original official filing.

6.3 License to Use

Subject to your compliance with this Agreement, Visual Visitor grants you a limited, non-exclusive, non-transferable, revocable license to access and use FDD.ninja solely for your personal, non-commercial research and informational purposes. You may not:

• Copy, reproduce, distribute, publish, display, or create derivative works from any portion of the Service or its content without express written permission from Visual Visitor;
• Use any automated means, including bots, scrapers, or crawlers, to access or collect data from the Service;
• Use the Service for any commercial purpose, resale, or sublicensing; or
• Frame or mirror any portion of the Service on any other website or platform.

7. User Accounts and Registration

Certain features of FDD.ninja may require you to create a user account. By creating an account, you represent and warrant that:

• All information you provide is accurate, current, and complete;
• You will promptly update your account information to maintain its accuracy;
• You are at least 18 years of age;
• You are not prohibited from using the Service under applicable law; and
• You will maintain the confidentiality of your account credentials and are solely responsible for all activity under your account.

Visual Visitor currently offers sign-in through Google authentication ("SSO"). By using SSO, you authorize Visual Visitor to access certain account information in accordance with the Privacy Policy. You are responsible for compliance with any applicable terms of your SSO provider.

Visual Visitor reserves the right to suspend or terminate your account at any time, with or without notice, for any violation of this Agreement or applicable law.

8. Acceptable Use Policy

You agree to use FDD.ninja only for lawful purposes and in accordance with this Agreement and the Acceptable Use Policy available at fdd.ninja/AcceptableUse. Without limiting the foregoing, you agree that you will not:

• Use the Service in any manner that violates any applicable federal, state, local, or international law or regulation, including applicable franchise disclosure and registration laws;
• Use the Service to make or facilitate any franchise sales solicitation in violation of applicable law;
• Impersonate or misrepresent your affiliation with any person or entity;
• Transmit any material that is defamatory, obscene, fraudulent, or otherwise unlawful;
• Engage in any conduct that restricts or inhibits any other user's use of the Service;
• Introduce viruses, malware, or other harmful code to the Service;
• Attempt to gain unauthorized access to any part of the Service or its related systems; or
• Scrape, harvest, or collect personal information about other users without their consent.

9. Privacy and Data Collection

Your use of FDD.ninja is governed by Visual Visitor's Privacy Policy, the terms of which are incorporated herein by reference. By using the Service, you consent to Visual Visitor's collection, use, and processing of your information as described in the Privacy Policy.

FDD.ninja may collect certain information about your use of the Service, including questions asked, chat interactions, and usage data, to improve the Service and, subject to applicable law, to route inquiries as described in Section 9 above.

By using FDD.ninja, you acknowledge that you have reviewed and agree to the Privacy Policy. To the extent required by applicable law, Visual Visitor will obtain your consent before using your personal information in any manner not described in the Privacy Policy.

When you submit a question, inquiry, or request through FDD.ninja, your inquiry and certain information associated with it may be routed to one or more franchise brands participating in Visual Visitor's Franchise Ninja platform. By submitting an inquiry, you consent to such routing and acknowledge that:

• Leads generated through FDD.ninja are provided solely as inquiries and expressions of interest, and do not constitute qualified prospects, regulated offers to sell a franchise, or regulatory-compliant disclosures under applicable franchise laws;
• Visual Visitor bears no responsibility for how franchise brands use, follow up on, or comply with applicable law in connection with leads generated through FDD.ninja;
• Any communication you receive from a franchise brand following an inquiry submitted through FDD.ninja is the responsibility of that franchise brand, and not of Visual Visitor; and
• Visual Visitor does not endorse, recommend, or make any representation regarding any franchise brand to which your inquiry may be routed.

10. Cookie and Tracking Technology Consent

FDD.ninja may use cookies, web beacons, pixel tags, and similar tracking technologies to operate and improve the Service. By using the Service, you consent to the use of such technologies as described in the Privacy Policy. You may manage or disable cookies through your browser settings; however, doing so may affect the functionality of certain features of the Service.

11. Third-Party Links and Content

FDD.ninja may contain links to third-party websites, resources, or services, including franchisors' official websites, regulatory filings databases, and other informational resources. Such links are provided for convenience only. Visual Visitor does not control, endorse, or assume any responsibility for any third-party content, products, or services. Your access and use of any third-party resources is at your own risk and subject to the terms and conditions of those third parties.

12. Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Visual Visitor, its affiliates, officers, directors, employees, agents, licensors, and service providers from and against any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or relating to:

• Your access to or use of the Service;
• Your violation of this Agreement or any applicable law or regulation;
• Your reliance on or use of any information, including but not limited to AI-Generated Content, obtained through the Service, including without limitation any franchise investment or business decision made in reliance thereon;
• Your violation of any third party's rights, including intellectual property rights, rights of publicity, or privacy rights; or
• Any content or information you submit, post, or transmit through the Service.

13. Modifications to the Service and Agreement

Visual Visitor reserves the right, at its sole discretion, to modify, suspend, or discontinue the Service (or any portion thereof) at any time, with or without notice. Visual Visitor also reserves the right to modify this Agreement at any time. We will provide notice of material changes by updating the "Last Updated" date at the top of this Agreement or by other reasonable means.

Your continued use of the Service following the posting of any modification to this Agreement constitutes your acceptance of the modified Agreement. If you do not agree to the modified terms, you must discontinue your use of the Service.

14. Termination

This Agreement is effective from the date you first access or use the Service and remains in effect until terminated. Visual Visitor may terminate or suspend your access to the Service at any time, without notice or liability, if you violate any provision of this Agreement or for any other reason at Visual Visitor's sole discretion.

Upon termination, all licenses granted to you under this Agreement shall immediately terminate. Sections 3, 4, 5, 6, 9, 12, 14, 15, and 16 of this Agreement shall survive any termination or expiration.

15. Governing Law; Dispute Resolution

15.1 Governing Law

This Agreement and any dispute or claim arising out of or relating to this Agreement or the Service shall be governed by and construed in accordance with the laws of the State of Georgia, without regard to its conflict of laws provisions.

15.2 Dispute Resolution; Arbitration

Any dispute arising out of or relating to this Agreement or the Service that cannot be resolved informally shall be resolved by binding arbitration administered in Fulton County, Georgia. Prior to commencing arbitration, the parties agree to attempt to resolve any dispute through informal negotiation. If informal negotiation is unsuccessful, as a condition precedent to arbitration, the parties agree to mediate their dispute within forty-five (45) days of either party receiving written notice of a request to mediate. The costs of mediation or binding arbitration shall be borne by the non-prevailing party.

The foregoing dispute resolution provisions shall not apply to any claim by Visual Visitor for injunctive or other equitable relief to protect its intellectual property rights.

15.3 Class Action Waiver

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDING WILL BE CONDUCTED ON AN INDIVIDUAL BASIS AND NOT AS A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. YOU WAIVE ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE.

16. General Provisions

16.1 Entire Agreement. This Agreement, together with the Privacy Policy, Acceptable Use Policy, and any other policies or supplemental terms expressly referenced herein, constitutes the entire agreement between you and Visual Visitor with respect to the subject matter hereof and supersedes all prior or contemporaneous communications, whether oral or written, between you and Visual Visitor relating to FDD.ninja.

16.2 Severability. If any provision of this Agreement is found to be unlawful, void, or unenforceable, that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.

16.3 No Waiver. The failure of Visual Visitor to enforce any provision of this Agreement shall not constitute a waiver of Visual Visitor's right to enforce such provision in the future.

16.4 No Agency. Nothing in this Agreement shall be deemed to create a partnership, joint venture, employment, or agency relationship between you and Visual Visitor.

16.5 Force Majeure. Visual Visitor shall not be liable for any delay or failure to perform under this Agreement resulting from any cause beyond its reasonable control, including acts of God, civil unrest, governmental action, pandemic, fire, flood, earthquake, power failure, or Internet disruption.

16.6 Notices. Any notices or other communications required or permitted to be given to Visual Visitor under this Agreement shall be in writing and sent to: Visual Visitor, LLC, Alpharetta, Georgia, or by email to support@fdd.ninja. Visual Visitor may provide notices to you via email to the address associated with your account or by posting notice on the Service.

16.7 Children. The Service is not directed to children under the age of 13. Visual Visitor does not knowingly collect personal information from children under 13. If you are under 18, you may not use the Service without parental consent. If Visual Visitor learns it has collected personal information from a child under 13, it will promptly delete such information.

16.8 Accessibility. Visual Visitor is committed to making FDD.ninja accessible to users with disabilities. If you experience difficulty accessing any portion of the Service, please contact us at support@fdd.ninja.

17. Contact Information

If you have any questions, concerns, or requests regarding this Agreement or the Service, please contact Visual Visitor at:

Visual Visitor, LLC
Operator of FDD.ninja and Franchise Ninja
Email: support@fdd.ninja
Website: https://www.fdd.ninja/

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FDD.ninja is an informational tool only. It does not provide legal, financial, or investment advice and does not replace review of an official Franchise Disclosure Document. Users should consult qualified legal and financial advisors and review current FDDs before making any franchise decision. Use of FDD.ninja does not satisfy or waive the fourteen (14) day pre-sale disclosure quiet period required by applicable federal and state franchise laws.

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