Terms of Use (United States)

Last updated: April 27, 2026

1. Preamble

These Terms of Use (hereinafter the "Terms") are entered into between:

FIGURAL USA INC., a corporation whose principal place of business is located at 2125 Biscayne Blvd, Ste 204 #23968, Miami, FL 33137, USA (D-U-N-S No. 143710027) (hereinafter "FIGURAL"),

and any person accessing the Services offered by FIGURAL (hereinafter the "User").

FIGURAL and the User are hereinafter referred to individually as a "Party" and collectively as the "Parties".

These Terms apply to Users located in, residing in, or accessing the Services from the United States. Users located outside the United States are subject to the Terms entered into with FIGURAL SARL (France), available separately.

2. Definitions

In these Terms, the following capitalized terms shall have the following meanings:

• "Application": the web application accessible at app.figural.com enabling the User to access the Services.
• "API": the application programming interfaces made available by FIGURAL allowing the User to integrate the Services into its own systems or applications.
• "Client": the legal entity that has entered into a commercial agreement with FIGURAL for access to the Services.
• "Account": the User's personal area on the Application, accessible by means of the User's Credentials.
• "Content": any data, information, file or item transmitted, uploaded or generated by the User through the Services.
• "Credentials": the email address and password enabling the User to access the Account.
• "Services": all the features offered by FIGURAL through the Application and the APIs, including the declaration and tracking of parcel flows as well as the opening and management of claims.
• "End User": any person (including the Client's customers or users) accessing the Services indirectly through APIs integrated by the Client into its own systems.

3. Purpose

The purpose of these Terms is to define the conditions under which FIGURAL makes the Services available to the User, as well as the rights and obligations of the Parties in this respect.

These Terms do not govern parcel protection conditions, indemnification conditions, or any other specific contractual commitment entered into between FIGURAL and the Client. Such matters are subject to separate agreements.

4. Acceptance, eligibility and enforceability

Access to and use of the Services imply the User's full and unreserved acceptance of these Terms.

Acceptance of the Terms is materialized, when creating the Account, by a dedicated checkbox. The User represents and warrants that (i) it is at least eighteen (18) years of age, (ii) it has the legal capacity and authority to enter into these Terms, and (iii) where the User acts on behalf of a legal entity, it has the authority to bind such entity to these Terms.

The applicable Terms are those in force on the day the Services are accessed.

5. Access to the Services

5.1. Account creation

Access to the Services requires the prior creation of an Account. To do so, the User must provide the information requested by FIGURAL, which must be accurate, complete and kept up to date for the entire duration of use of the Services.

FIGURAL reserves the right to refuse a request to create an Account, or to suspend it, in particular in the event of manifestly inaccurate or incomplete information, or of any proven breach of these Terms.

5.2. Credentials and security

The User is solely responsible for the confidentiality of its Credentials. Any use of the Services made from the User's Account is deemed to have been carried out by the User.

The User undertakes to inform FIGURAL without delay of any loss, theft, or unauthorized use of its Credentials, at the address contact@figural.com.

5.3. Equipment requirements

Access to the Services requires the User to have an internet connection, compatible equipment and a recent browser. The costs related to such equipment and connection are borne exclusively by the User.

6. Description of the Services

FIGURAL makes available to the User, through the Application and the APIs, the following features, it being specified that they may evolve over time:

• The declaration of parcel flows;
• The tracking of declared parcels;
• The opening and management of claims relating to parcels;
• The consultation of associated information and documents.

When the Client integrates the APIs into its own systems, the Client is solely responsible for the conditions under which its own customers and End Users indirectly access the Services. The Client undertakes to impose on its End Users conditions at least equivalent to those of these Terms and to inform them of the processing of their data.

7. User's obligations and acceptable use

The User undertakes to use the Services in good faith and in compliance with these Terms and applicable laws and regulations.

In this respect, the User shall in particular refrain from:

• Using the Services for unlawful or fraudulent purposes, or in a manner that infringes upon the rights of third parties;
• Transmitting, through the Services, any unlawful, defamatory, or offensive Content, or any Content that infringes upon the privacy or intellectual property rights of third parties;
• Attempting to gain unauthorized access to other accounts, systems or networks related to the Services;
• Affecting the integrity, security or proper operation of the Services, in particular by introducing viruses, malicious software, or by any action liable to disrupt FIGURAL's technical infrastructure;
• Performing reverse engineering, decompilation or disassembly of the Services, except in cases expressly permitted by law;
• Using the Services beyond the agreed usage limits, in particular regarding API call volumes;
• Using the Services in violation of U.S. export control laws, sanctions programs administered by the U.S. Department of the Treasury's Office of Foreign Assets Control (OFAC), or any other applicable export or sanctions regulations.

The User is solely responsible for the accuracy, lawfulness and relevance of the Content it transmits through the Services.

8. Intellectual property

All elements making up the Services (software, architecture, source code, interfaces, trademarks, logos, texts, graphics, databases, documentation) are the exclusive property of FIGURAL or are licensed to FIGURAL. These elements are protected by United States copyright, trademark and trade secret laws, by applicable state laws, and by international treaties.

FIGURAL grants the User, for the duration of use of the Services and within the strict limits of the features required for such use, a personal, non-exclusive, non-assignable, non-transferable and revocable license to use the Services.

No assignment or grant of rights other than those expressly provided for in these Terms is granted to the User. All rights not expressly granted are reserved by FIGURAL.

The User retains ownership of the Content it transmits through the Services. The User grants FIGURAL, for the duration necessary for the provision of the Services and within the strict limits of such purpose, a non-exclusive, worldwide, royalty-free license to host, reproduce, store and process such Content.

9. DMCA notice and takedown

FIGURAL respects the intellectual property rights of others and complies with the Digital Millennium Copyright Act ("DMCA"), 17 U.S.C. § 512.

Any party who believes in good faith that Content available through the Services infringes its copyright may submit a written notice to FIGURAL's designated agent including the elements required by 17 U.S.C. § 512(c)(3), namely:

• A physical or electronic signature of a person authorized to act on behalf of the copyright owner;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the allegedly infringing material and information sufficient to allow FIGURAL to locate it;
• Contact information of the complaining party;
• A statement that the complaining party has a good-faith belief that the use is not authorized;
• A statement, under penalty of perjury, that the information in the notice is accurate and that the complaining party is authorized to act on behalf of the rights holder.

Notices must be sent to FIGURAL's designated DMCA agent at: contact@figural.com.

In accordance with the DMCA, FIGURAL will, in appropriate circumstances, terminate the Accounts of Users who are determined to be repeat infringers.

10. Personal data

The processing of personal data in connection with the Services is governed by FIGURAL's Privacy Policy, accessible at any time from the Application and from the website www.figural.com, which forms an integral part of these Terms.

11. Availability, maintenance and changes

FIGURAL implements reasonable means to ensure the availability of the Services 24 hours a day, 7 days a week. FIGURAL shall not, however, be held liable for any temporary unavailability, in particular in the event of scheduled maintenance, technical incidents or events beyond its control.

FIGURAL reserves the right, at any time, to update the Services, to modify or remove all or part of the features offered, without incurring any liability provided that the essential purpose of the Services is preserved.

FIGURAL shall, to the extent possible, inform the User of scheduled maintenance operations likely to significantly affect access to the Services.

12. Disclaimer of warranties

THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIGURAL DISCLAIMS ALL WARRANTIES, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, TITLE, ACCURACY, AND ANY WARRANTIES ARISING FROM COURSE OF DEALING, COURSE OF PERFORMANCE OR USAGE OF TRADE.

FIGURAL DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR FREE FROM HARMFUL COMPONENTS, NOR THAT ANY DEFECTS WILL BE CORRECTED. NO ADVICE OR INFORMATION OBTAINED BY THE USER FROM FIGURAL OR THROUGH THE SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO THE USER.

13. Limitation of liability

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL FIGURAL, ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES OR AGENTS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, USE, OR DATA, WHETHER BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR ANY OTHER LEGAL THEORY, EVEN IF FIGURAL HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, FIGURAL'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE AMOUNTS ACTUALLY PAID BY THE CLIENT TO FIGURAL FOR THE SERVICES DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.

THE LIMITATIONS SET FORTH IN THIS SECTION SHALL NOT APPLY TO LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO THE USER.

14. Indemnification

The User agrees to defend, indemnify and hold harmless FIGURAL, its affiliates, officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or in connection with: (i) the User's use or misuse of the Services; (ii) the User's breach of these Terms; (iii) the User's violation of any applicable law or of any third-party right, including without limitation any intellectual property, privacy or publicity right; or (iv) any Content transmitted through the Services by the User.

FIGURAL reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by the User, in which case the User shall cooperate with FIGURAL in asserting any available defenses.

15. Suspension and termination

FIGURAL reserves the right to suspend or terminate the User's access to the Services, automatically and without notice, in the event of a serious breach by the User of these Terms, and in particular in the event of use of the Services for fraudulent purposes or in violation of applicable laws or regulations.

The User may, at any time, cease using the Services and request the deletion of its Account by sending a request to contact@figural.com, without prejudice to the contractual commitments in force between FIGURAL and the Client.

Termination results in the loss of access to the Services and to the Account. Certain data may nevertheless be retained by FIGURAL in accordance with its legal obligations and its Privacy Policy.

The provisions which by their nature are intended to survive termination — including without limitation Sections 8 (Intellectual property), 12 (Disclaimer of warranties), 13 (Limitation of liability), 14 (Indemnification), 18 (Confidentiality), 19 (Governing law), 20 (Dispute resolution) and 22 (Miscellaneous) — shall survive any termination of these Terms.

16. Force majeure

Neither Party shall be held liable for any failure or delay in performing its obligations resulting from causes beyond its reasonable control, including without limitation acts of God, natural disasters, fires, floods, epidemics, pandemics, war, terrorism, civil unrest, government actions, labor disputes, power or telecommunications failures, or denial-of-service attacks.

17. Modification of the Terms

FIGURAL reserves the right to modify these Terms at any time, in particular to take into account legal, regulatory, technical or commercial developments.

The amended Terms shall be notified to the User by any appropriate means (in particular by email or by notification within the Application) prior to their entry into force. Continued use of the Services after that date shall constitute acceptance of the amended Terms.

18. Confidentiality

Each Party undertakes to keep strictly confidential all information identified as such, or which by its nature is confidential, of which it becomes aware in the context of the performance of these Terms. This obligation shall remain in force for the entire duration of use of the Services and for three (3) years after their cessation.

19. Governing law

These Terms and any dispute arising out of or relating to them or the Services shall be governed by and construed in accordance with the laws of the State of Florida, United States, without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods shall not apply to these Terms.

20. Dispute resolution; binding arbitration; class action waiver

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS THE USER'S LEGAL RIGHTS, INCLUDING THE RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

20.1. Informal resolution

Before initiating any formal proceeding, the Parties shall attempt to resolve any dispute, claim, or controversy arising out of or relating to these Terms or the Services (a "Dispute") through informal good-faith negotiation. The aggrieved Party shall send a written notice describing the Dispute to the other Party (to contact@figural.com for FIGURAL). If the Dispute is not resolved within thirty (30) days after receipt of the notice, either Party may proceed in accordance with the provisions below.

20.2. Binding arbitration

Any unresolved Dispute shall be finally settled by binding arbitration administered by the American Arbitration Association ("AAA") under its Commercial Arbitration Rules then in effect. The arbitration shall be conducted by a single arbitrator. The seat and place of arbitration shall be Miami, Florida, and the arbitration shall be conducted in English. The arbitrator's decision shall be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

20.3. Class action waiver

THE PARTIES AGREE THAT ANY DISPUTE SHALL BE RESOLVED ON AN INDIVIDUAL BASIS, AND EACH PARTY EXPRESSLY WAIVES ANY RIGHT TO PARTICIPATE IN ANY CLASS ACTION, COLLECTIVE ACTION, CONSOLIDATED ACTION, OR REPRESENTATIVE PROCEEDING. THE ARBITRATOR MAY NOT CONSOLIDATE MORE THAN ONE PERSON'S CLAIMS AND MAY NOT PRESIDE OVER ANY FORM OF CLASS OR REPRESENTATIVE PROCEEDING.

20.4. Exceptions

Notwithstanding the foregoing, either Party may (i) bring an individual action in a small-claims court for disputes within its jurisdictional limits, and (ii) seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of its intellectual property rights or confidential information. For such actions, the Parties consent to the exclusive jurisdiction of the state and federal courts located in Miami-Dade County, Florida.

20.5. Time limitation

Any claim arising out of or relating to these Terms or the Services must be filed within one (1) year after such claim arose; otherwise, such claim is permanently barred, to the fullest extent permitted by applicable law.

21. Export controls and U.S. Government users

The User shall comply with all applicable U.S. and international export and re-export control laws and regulations, including the Export Administration Regulations (EAR), the International Traffic in Arms Regulations (ITAR), and the economic sanctions programs administered by OFAC. The User represents that it is not located in, and is not a national or resident of, any country subject to U.S. embargo, and that it is not listed on any U.S. government list of prohibited or restricted parties.

The Services constitute "commercial computer software" and "commercial computer software documentation" as defined in 48 C.F.R. § 2.101. If the User is a U.S. Government end user, the Services are licensed with only those rights set forth in these Terms, in accordance with 48 C.F.R. § 12.212 and 48 C.F.R. § 227.7202.

22. Miscellaneous

Severability. If any provision of these Terms is held invalid or unenforceable, such provision shall be modified to the minimum extent necessary to be enforceable, or, if it cannot be so modified, shall be severed, and the remaining provisions shall remain in full force and effect.

No waiver. The failure of FIGURAL to enforce any provision of these Terms shall not constitute a waiver of such provision or any future right to enforce it.

Assignment. The User may not assign, transfer or delegate any of its rights or obligations under these Terms without FIGURAL's prior written consent. Any attempted assignment in violation of this provision shall be void. FIGURAL may assign these Terms freely, including in connection with a merger, acquisition, or sale of assets.

No third-party beneficiaries. These Terms do not confer any rights or remedies upon any person or entity other than the Parties.

Independent contractors. The Parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, fiduciary, or employment relationship between the Parties.

Entire agreement. These Terms, together with the Privacy Policy and any commercial agreement entered into between FIGURAL and the Client, constitute the entire agreement between the Parties relating to the use of the Services and supersede all prior or contemporaneous understandings, whether written or oral.

Notices. Notices to FIGURAL shall be sent to contact@figural.com. Notices to the User may be sent to the email address associated with the Account or by notification within the Application. Notices are deemed received on the day of sending.

Electronic communications. The User consents to receive communications from FIGURAL in electronic form and agrees that all agreements, notices, disclosures and other communications provided electronically satisfy any legal requirement that such communications be in writing, in accordance with the Electronic Signatures in Global and National Commerce Act (E-SIGN).

Headings. The headings in these Terms are for convenience only and shall not affect their interpretation.

23. Contact

For any question relating to these Terms, the User may contact FIGURAL at the following address: contact@figural.com.