• The right to sublicense, sell, resell, or redistribute the Software or any part thereof.
• The right to modify, adapt, translate, reverse-engineer, decompile, or disassemble the Software or any underlying AI models.
• The right to create derivative works based on the Software.
• The right to use the Software to build a competing product or service.

• Use of the Software requires an account. You are responsible for all activity under your account.
• API keys issued to your account (prefixed fyai_) are confidential credentials. You must not share, publish, or embed them in client-side code.
• Programmatic access through our APIs is subject to documented rate limits and usage quotas, which vary by subscription tier.
• We may suspend API access immediately if we detect abusive or anomalous usage patterns.

Nature of AI Output

No Warranty of Accuracy

Your Responsibility

• How you use, publish, or act on AI Output.
• Ensuring AI Output complies with applicable laws and third-party rights.
• Any decisions or actions taken based on AI Output.
• Disclosing to third parties when content has been generated by AI, where required by law or professional standards.

Output Ownership

• You retain ownership of all content, data, and materials you submit to the Software ("Your Content"), including prompts, documents, workflow configurations, and integration settings.
• You grant us a limited licence to process Your Content solely to operate and provide the Software.
• We will not use Your Content to train or fine-tune AI foundation models unless you explicitly opt in.
• You are responsible for ensuring you have the right to submit Your Content and that it does not infringe any third-party rights.

• Use the Software for any unlawful purpose or in violation of any applicable regulation.
• Attempt to gain unauthorised access to the Software, other accounts, or underlying systems and infrastructure.
• Use AI agents to generate content that is defamatory, harassing, threatening, or that promotes violence or discrimination.
• Use the Software to generate spam, phishing content, malware, or deceptive deepfakes.
• Scrape, crawl, or use automated means to extract data from the Software beyond the documented APIs.
• Circumvent any technical limitations, rate limits, or security measures of the Software.
• Benchmark or performance-test the Software for publication without our prior written consent.
• Use the Software in safety-critical systems (e.g. autonomous vehicles, medical devices, weapons systems) without explicit written authorisation from us.

• The Software may enable connections to third-party services and APIs. Your use of those services is governed by their respective terms and conditions.
• We securely store integration credentials using HashiCorp Vault but are not liable for actions performed by third-party services on your behalf.
• The Software may incorporate or rely on third-party AI models (e.g. OpenAI, Anthropic, or others). Your use of AI Output may be subject to the usage policies of those model providers.
• We do not guarantee the availability, accuracy, or continued support of any third-party integration or AI model.

• Access to certain features requires an active paid subscription. Free tiers and trials may be offered at our discretion and may be modified or withdrawn at any time.
• Payments are processed by Stripe. We do not store credit card details.
• Subscriptions auto-renew unless cancelled before the end of the billing cycle.
• We may terminate or suspend your licence immediately if you breach this EULA.
• Upon termination, your right to use the Software ceases and your account data will be handled in accordance with our Privacy Policy.

• The Software, including all source code, algorithms, AI model configurations, user interface designs, documentation, and trademarks, is the exclusive property of FYAI NZ Ltd and is protected by copyright and intellectual property laws.
• This EULA does not transfer any ownership rights to you. You receive only the limited licence described in Section 2.
• Any feedback, suggestions, or feature requests you provide may be used by us without obligation or compensation to you.

• Conversation data with AI agents is stored while your account is active and deleted upon account closure.
• We implement encryption in transit, password hashing, and role-based access controls.
• We do not sell your personal data to third parties.

• Merchantability and fitness for a particular purpose.
• Accuracy, reliability, or completeness of any AI Output.
• Uninterrupted, error-free, or secure operation of the Software.
• That the Software will meet your specific requirements.

• FYAI NZ Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, revenue, data, business opportunities, or goodwill.
• Our total aggregate liability arising out of or related to this EULA shall not exceed the amount you paid us in the 12 months immediately preceding the event giving rise to the claim.
• We are not liable for any harm, loss, or damage resulting from your reliance on AI Output or actions taken by AI agents on your behalf.
• Nothing in this EULA excludes or limits liability that cannot be excluded or limited under New Zealand law, including the Consumer Guarantees Act 1993 where applicable.

• Your use of the Software or AI Output.
• Your violation of this EULA or any applicable law.
• Your Content or data processed through the Software.
• Your configuration or use of third-party integrations.
• Any claim that Your Content infringes third-party intellectual property rights.

• We may update the Software at any time, including adding, modifying, or removing features, AI models, or integrations.
• We may update this EULA from time to time. Material changes will be communicated via email or a prominent notice on the platform at least 14 days before taking effect.
• Continued use of the Software after changes take effect constitutes acceptance of the revised EULA.