These Terms of Service ("Terms") govern your access to and use of the FYAI platform ("Fundamentally Your AI"), operated by FYAI NZ Ltd ("we", "us", or "our"), available at fyai.co.nz. By creating an account or using the platform, you agree to be bound by these Terms. If you do not agree, you must not use the platform.
2. Eligibility
You must be at least 18 years old and have the legal capacity to enter into a binding agreement. If you are using FYAI on behalf of an organization, you represent that you have authority to bind that organization to these Terms.
3. Account Registration and Security
You must provide accurate and complete information during registration.
You are responsible for maintaining the confidentiality of your account credentials, including any API keys (prefixed fyai_) generated through the platform.
You must notify us promptly at [email protected] if you suspect unauthorized access to your account.
We reserve the right to suspend or terminate accounts that violate these Terms.
4. Description of Services
FYAI is an AI workflow and agent orchestration platform that enables you to:
Create, configure, and deploy autonomous AI agents and multi-agent teams.
Build and execute AI-powered workflows and data pipelines.
Connect to third-party services through managed integrations with secure credential storage.
Interact with AI agents through conversational interfaces, including group chat sessions.
Search and retrieve information using AI-powered semantic search (GraphRAG).
Manage organizations, teams, and role-based access controls.
5. Your Content and Data
Ownership
You retain all rights to the content you submit to or create through the platform ("Your Content"), including prompts, workflow configurations, project data, and any materials you upload or provide as input to AI agents.
Licence to Us
You grant us a limited, non-exclusive, worldwide licence to use, store, and process Your Content solely to provide and improve the FYAI platform. We will not use Your Content to train or fine-tune AI foundation models unless you explicitly opt in to such use.
AI-Generated Output
Output generated by AI agents on the platform ("Output") is provided to you for your use. You are responsible for reviewing, validating, and determining the suitability of all Output before relying on it. AI-generated Output may not be unique, and other users may receive similar or identical output from similar inputs.
6. Acceptable Use
You agree not to use the platform to:
Violate any applicable law or regulation.
Generate, distribute, or facilitate the creation of malware, phishing content, spam, or any harmful or deceptive material.
Attempt to extract, reverse-engineer, or replicate the underlying AI models or platform infrastructure.
Circumvent or disable any security, rate-limiting, or access control features of the platform.
Use AI agents to impersonate real individuals or generate misleading content presented as human-authored without disclosure.
Process sensitive personal data (e.g. health records, biometric data) through AI agents without appropriate legal bases and safeguards.
Engage in any activity that degrades platform performance or interferes with other users' access.
Use the platform for fully autonomous decision-making in high-risk domains (e.g. medical diagnosis, legal advice, financial trading) without appropriate human oversight.
Share, resell, or sublicense access to the platform or your account credentials.
We reserve the right to suspend or terminate access for violations of this section, with or without prior notice depending on severity.
7. Third-Party Integrations
The platform allows you to connect to third-party services. When you do so:
You are responsible for complying with the terms of those third-party services.
Integration credentials are stored securely using industry-standard secret management (HashiCorp Vault). We do not access your stored credentials except as necessary to facilitate the integrations you configure.
We are not responsible for any data loss, outage, or liability arising from third-party service failures or changes to their terms.
8. Subscriptions and Payments
Certain features of FYAI require a paid subscription. Subscription plans, pricing, and features are listed on the platform and may be updated from time to time.
Payments are processed by Stripe. By subscribing, you agree to Stripe's terms of service.
Subscriptions renew automatically at the end of each billing cycle unless cancelled before the renewal date.
Refunds are handled on a case-by-case basis. Contact [email protected] for billing enquiries.
We reserve the right to modify pricing with at least 30 days' notice. Continued use after the effective date constitutes acceptance of the new pricing.
9. Free Trials
We may offer free trial periods at our discretion. Trial terms, including duration and available features, will be communicated at the time of sign-up. We reserve the right to modify or discontinue trial offers at any time. Unless you cancel before the trial ends, your subscription will convert to a paid plan automatically.
10. AI Disclaimer and Limitations
No guarantee of accuracy: AI agents may produce output that is inaccurate, incomplete, or inappropriate. You must independently verify all AI-generated content before relying on it for any consequential purpose.
No professional advice: Output from AI agents does not constitute legal, medical, financial, or other professional advice.
Model availability: The AI models underlying our agents may be updated, changed, or replaced at any time. We do not guarantee continuous access to any specific model or version.
Rate limits and quotas: Usage of AI agents and platform features is subject to rate limits and quotas that vary by subscription tier. We may adjust these limits to ensure platform stability.
11. Intellectual Property
The FYAI platform, including its software, design, documentation, trademarks, and all associated intellectual property, is owned by FYAI NZ Ltd.
These Terms do not grant you any rights to our intellectual property beyond the limited right to use the platform in accordance with these Terms.
You may use our API in accordance with any published API documentation and rate limits. API keys are personal to your account and must not be shared.
12. Privacy
Our collection and use of personal data is governed by our Privacy Policy, which forms part of these Terms. By using the platform, you acknowledge that you have read and understood the Privacy Policy.
13. Availability and Support
We aim to maintain high availability but do not guarantee uninterrupted access. The platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.
We may modify, suspend, or discontinue any feature of the platform at any time with reasonable notice where practicable.
Support is provided through the channels specified on the platform. Response times may vary by subscription tier.
14. Limitation of Liability
To the maximum extent permitted by law:
The platform and all AI-generated output are provided "as is" and "as available" without warranties of any kind, whether express or implied, including warranties of merchantability, fitness for a particular purpose, or non-infringement.
FYAI NZ Ltd shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, or business opportunities, arising from your use of the platform or reliance on AI-generated output.
Our total aggregate liability to you for all claims arising out of these Terms shall not exceed the total fees paid by you to us in the 12 months preceding the claim.
Nothing in these Terms excludes or limits liability that cannot be excluded or limited under New Zealand law, including liability under the Consumer Guarantees Act 1993 where applicable.
15. Indemnification
You agree to indemnify and hold harmless FYAI NZ Ltd, its directors, employees, and agents from any claims, damages, losses, or expenses (including reasonable legal fees) arising from:
Your use of the platform or AI-generated output.
Your violation of these Terms or any applicable law.
Your Content or any data you process through the platform.
Your use of third-party integrations configured through the platform.
16. Termination
You may close your account at any time through the platform settings or by contacting us.
We may suspend or terminate your access immediately if you breach these Terms, or with 30 days' notice for any other reason.
Upon termination, your right to use the platform ceases immediately. We will delete your account data in accordance with our Privacy Policy.
Sections that by their nature should survive termination (including Limitation of Liability, Indemnification, and Governing Law) will survive.
17. Changes to These Terms
We may update these Terms from time to time. We will notify you of material changes via email or a prominent notice on the platform at least 14 days before the changes take effect. Your continued use of the platform after the effective date constitutes acceptance of the updated Terms.
18. Governing Law and Disputes
These Terms are governed by and construed in accordance with the laws of New Zealand. Any disputes arising out of or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of New Zealand. Before initiating legal proceedings, both parties agree to attempt to resolve disputes through good-faith negotiation.
19. General
Entire agreement: These Terms, together with the Privacy Policy, constitute the entire agreement between you and FYAI NZ Ltd regarding the platform.
Severability: If any provision of these Terms is found unenforceable, the remaining provisions continue in full force.
No waiver: Failure to enforce any right or provision does not constitute a waiver of that right.
Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights without restriction.
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