By registering for or using FunctionalAI ("the Service"), you agree to be bound by these Terms and Conditions ("Terms"). If you do not agree, you must not use the Service. We reserve the right to update or modify these Terms at any time. We will notify you of material changes (for example, via email or a notice on our site), and continued use of the Service after any updates constitutes acceptance of the new Terms.
IMPORTANT — PLEASE READ CAREFULLY: BY USING THE SERVICE, YOU EXPRESSLY ACKNOWLEDGE AND AGREE TO THE FOLLOWING:
YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK.
FunctionalAI is an AI-powered platform that helps businesses (such as Shopify merchants and other companies) automate customer interactions and other tasks. The Service may integrate with third-party systems (including OpenAI for AI processing, social media platforms, email providers, and payment processors) to provide its features. All users of the Service must be at least 18 years old or otherwise have the legal capacity to enter into these Terms on behalf of a business or organization.
You may need to create an account to use the Service. You agree to provide accurate, up-to-date information during registration (such as your name, email address, and any other required details). You are responsible for maintaining the confidentiality of your account login credentials and for all activities that occur under your account. You must promptly notify us if you suspect any unauthorized use of your account or security breach.
By using FunctionalAI, you agree to use the Service only for lawful purposes and in compliance with these Terms. You are solely responsible for all data, content, and materials you submit or upload to the Service, including any text, documents, or files used in conversations with the AI. You must ensure that you have all necessary rights and permissions to provide such content and that it does not violate any law or infringe anyone's rights.
In particular, you agree not to:
Our Service integrates with various third-party platforms and services to function effectively, including but not limited to:
FunctionalAI uses OpenAI's Large Language Model APIs to generate chatbot responses and other AI-driven features. By using the Service, you consent to your data (such as text prompts, conversation content, and files you upload) being sent to OpenAI's systems for processing. According to OpenAI's policies, they do not use API-supplied data to train their general models by default and retain it only temporarily (e.g. up to 30 days) to monitor for misuse.
No AI Model Training on Your Data: FunctionalAI does NOT use your data, your customers' conversations, or your knowledge base content to train any AI models. Your data is used solely to power your AI assistant and provide the Service. This applies to all users, including Shopify merchants and their end customers.
If you subscribe to a paid plan or make purchases through FunctionalAI, payments are handled via third-party payment platforms such as Lemon Squeezy and Stripe. We do not collect or store your sensitive payment card details; such information is transmitted directly to the payment processor over encrypted connections.
FunctionalAI may offer you the ability to connect your accounts from third-party platforms (for example, your Instagram, Facebook Messenger, WhatsApp, LINE, Google (Gmail), or other messaging/email services) to enable AI-driven responses or other features. By connecting a third-party account to FunctionalAI, you are granting us permission to access and use content from that account as needed to provide the Service.
You retain ownership of all content and data you provide to FunctionalAI, as well as the outputs generated for you by the Service to the extent permitted by law. We do not claim ownership over your data or the AI-generated responses produced for you. By using the Service, however, you grant FunctionalAI a worldwide, non-exclusive, royalty-free license to use, reproduce, and process your content solely for the purpose of operating and providing the Service and as otherwise permitted by these Terms.
All rights, title, and interest in and to the FunctionalAI Service (including our software, algorithms, website, logos, trademarks, and any content provided by us) are and will remain the exclusive property of FunctionalAI (or its licensors). We are granting you a limited, revocable, non-transferable license to use the Service for your internal business purposes, in accordance with these Terms.
CRITICAL WARNING — AI TECHNOLOGY IS NOT PERFECT AND CAN MAKE MISTAKES.
FunctionalAI uses advanced AI models to generate content such as chatbot responses, email drafts, and other outputs based on user-provided input. You understand and expressly agree that:
NO WARRANTY ON AI OUTPUTS: FUNCTIONALAI MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND REGARDING THE ACCURACY, RELIABILITY, COMPLETENESS, OR APPROPRIATENESS OF ANY AI-GENERATED CONTENT. ALL AI OUTPUTS ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. YOUR SOLE REMEDY IF DISSATISFIED WITH ANY AI-GENERATED CONTENT IS TO STOP USING THE SERVICE. YOU AGREE TO HOLD FUNCTIONALAI HARMLESS FROM ANY CLAIMS, DAMAGES, OR LOSSES ARISING FROM YOUR USE OF OR RELIANCE ON AI-GENERATED CONTENT, INCLUDING CLAIMS BY YOUR CUSTOMERS OR END USERS.
Some features of FunctionalAI may be offered free of charge while others require a paid subscription or usage-based fees. If you sign up for a paid plan, you agree to pay all applicable fees as shown when you register or upgrade. All fees are exclusive of taxes (unless stated otherwise). You are responsible for paying any taxes or governmental charges applicable to your use of the Service.
All subscriptions will automatically renew at the end of each billing cycle unless you cancel the subscription before the renewal date. You can cancel via your account settings or by contacting support.
Chargebacks: If you initiate a chargeback or payment dispute with your bank or payment provider without first contacting us to resolve the issue, your account will be immediately terminated, and you may be liable for FunctionalAI's costs incurred in responding to the dispute, including administrative fees and lost revenue.
You may stop using FunctionalAI at any time. You may also delete your account by contacting us, subject to any verification process we may require. We reserve the right to suspend or terminate your access to the Service at our discretion if we believe that: (a) you have violated these Terms or any applicable law; (b) your use of the Service could cause harm or risk to us, other users, or third parties; or (c) we decide to discontinue the Service.
FunctionalAI is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we disclaim all warranties of any kind, whether express, implied, or statutory, regarding the Service. This includes any implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not guarantee that the Service will meet your requirements, achieve any intended results, be compatible with all systems, or be secure, uninterrupted, or error-free.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:
A. No Consequential Damages. IN NO EVENT WILL FUNCTIONALAI, ITS OWNER/PROPRIETOR, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:
WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STATUTE, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT FUNCTIONALAI HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE.
B. Cap on Liability. FUNCTIONALAI'S TOTAL CUMULATIVE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICE SHALL NOT EXCEED THE GREATER OF: (i) THE AMOUNTS YOU PAID TO FUNCTIONALAI IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, OR (ii) ONE HUNDRED UNITED STATES DOLLARS (USD $100).
C. Basis of the Bargain. YOU ACKNOWLEDGE AND AGREE THAT FUNCTIONALAI HAS OFFERED THE SERVICE, SET ITS PRICES, AND ENTERED INTO THESE TERMS IN RELIANCE UPON THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET FORTH HEREIN, THAT THE SAME REFLECT A REASONABLE AND FAIR ALLOCATION OF RISK BETWEEN YOU AND FUNCTIONALAI, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND FUNCTIONALAI. FUNCTIONALAI WOULD NOT BE ABLE TO PROVIDE THE SERVICE TO YOU ON AN ECONOMICALLY REASONABLE BASIS WITHOUT THESE LIMITATIONS.
D. Essential Purpose. THE LIMITATIONS OF LIABILITY SET FORTH IN THIS SECTION SHALL APPLY EVEN IF ANY LIMITED REMEDY SPECIFIED IN THESE TERMS IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
E. Jurisdictional Limitations. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE EXCLUSIONS OR LIMITATIONS MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. IN SUCH CASES, FUNCTIONALAI'S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify, defend, and hold harmless FunctionalAI and its owner(s), employees, and agents from and against any and all claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) that arise out of or relate to: (a) your use of the Service, (b) any data or content you provide, (c) your violation of these Terms, or (d) your violation of any applicable law or regulations.
These Terms and any dispute arising out of or related to the Service shall be governed by and construed in accordance with the laws of Poland, without regard to its conflict of law principles or the United Nations Convention on Contracts for the International Sale of Goods.
Exclusive Jurisdiction: Subject to the Mandatory Arbitration provision below, you expressly agree that any legal action or proceeding arising under these Terms shall be brought EXCLUSIVELY in the courts located in Warsaw, Poland. You irrevocably submit to the personal jurisdiction of such courts and waive any objection to venue in such courts, including any objection based on forum non conveniens.
Waiver of Objections: You irrevocably waive, to the fullest extent permitted by law, any objection you may now or hereafter have to the laying of venue of any action or proceeding in the courts specified above, and any claim that any such action or proceeding has been brought in an inconvenient forum.
PLEASE READ THIS SECTION CAREFULLY — IT AFFECTS YOUR LEGAL RIGHTS.
You and FunctionalAI agree that any dispute, claim, or controversy arising out of or relating to these Terms or the Service (collectively, "Disputes") will be resolved exclusively through final and binding arbitration, rather than in court, except that you may assert claims in small claims court if your claims qualify.
Waiver of Jury Trial: YOU AND FUNCTIONALAI EACH WAIVE THE RIGHT TO A JURY TRIAL.
CLASS ACTION WAIVER: YOU AND FUNCTIONALAI AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate more than one person's claims and may not otherwise preside over any form of a class, consolidated, or representative proceeding.
Arbitration Rules: Arbitration will be conducted by a single arbitrator in Warsaw, Poland, under the arbitration rules of the Court of Arbitration at the Polish Chamber of Commerce or another mutually agreed arbitration body. The arbitration shall be conducted in English or Polish, at the claimant's election. The arbitrator's decision shall be final and binding and may be entered as a judgment in any court of competent jurisdiction.
Costs: Each party shall bear its own costs of arbitration, except that FunctionalAI will pay your filing fees up to €200 if you are an individual (non-business) user and your claim is for less than €10,000.
Opt-Out: You may opt out of this arbitration agreement by sending written notice to legal@functional-ai.com within 30 days of first accepting these Terms. If you opt out, disputes will be resolved exclusively in the courts of Poland as described above.
Survival: This arbitration agreement shall survive termination of your account or these Terms.
YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICE OR THESE TERMS MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED. This limitation applies regardless of any statute or law to the contrary, to the maximum extent permitted by law.
Neither party shall be liable for any failure or delay in performing their obligations under these Terms where such failure or delay results from circumstances beyond the reasonable control of that party. Such circumstances include, but are not limited to:
In the event of a force majeure, the affected party shall notify the other party as soon as reasonably practicable and shall use reasonable efforts to mitigate the effects of the force majeure event. If a force majeure event continues for more than 30 consecutive days, either party may terminate these Terms upon written notice to the other party.
In any arbitration, litigation, or other proceeding to enforce these Terms, the prevailing party shall be entitled to recover its reasonable attorneys' fees, costs, and expenses from the non-prevailing party, in addition to any other relief to which it may be entitled.
These Terms (along with any additional guidelines, policies, or agreements expressly incorporated by reference, including the Privacy Policy) constitute the entire agreement between you and FunctionalAI regarding the Service and supersede all prior agreements, representations, and understandings.
These Terms may not be modified except in writing signed by FunctionalAI or through updates posted to this page with notice to users.
Our failure to enforce any provision of these Terms shall not be considered a waiver of that provision or of the right to enforce it later.
If any provision of these Terms is held to be invalid or unenforceable by a court of competent jurisdiction, that provision will be interpreted to fulfill its intended purpose to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.
You may not assign or transfer these Terms or your rights hereunder without FunctionalAI's prior written consent. FunctionalAI may assign these Terms without restriction.
These Terms shall not be construed against FunctionalAI merely because FunctionalAI drafted them. Headings are for convenience only and do not affect interpretation. These Terms are drafted in English. If translated into another language, the English version shall control.
If you have any questions about these Terms or need to contact us for any reason, please reach out to us:
FunctionalAI
General Support:support@functional-ai.com
Legal Matters:legal@functional-ai.com
We value our users and will do our best to address your inquiries.