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 use the Service (including any AI assistant, chatbot, workflow, or integration you create or operate using the Service) to:
The Service uses third-party large language model providers, including OpenAI. As a condition of accessing the Service, you agree to comply with the usage policies of every AI provider whose models power features you use, as those policies may be updated from time to time. These currently include, without limitation:
In the event of any conflict between an AI provider's usage policy and these Terms, the stricter restriction applies. You acknowledge that AI providers may suspend, throttle, or revoke access to their models at any time, and that such action may force FunctionalAI to suspend, modify, or terminate your access to affected features without liability and without refund for usage already consumed.
If you deploy AI assistants, chatbots, or other AI-driven features built on the Service to interact with end users (such as your customers, website visitors, or social media followers), you agree that:
FunctionalAI has no obligation to monitor, screen, or pre-approve content submitted to or generated by the Service. However, we reserve the right (but not the duty) to review prompts, knowledge-base content, conversation logs, and AI outputs at any time to investigate suspected violations of these Terms, AI provider policies, or applicable law; to respond to legal process; to prevent harm; or to comply with our obligations to AI providers and other third parties. We may use automated tools (including content classifiers) for this purpose.
In addition to our general termination rights, we may immediately suspend, restrict, or terminate your account, any specific assistant or workflow, or your access to specific features, without prior notice and without refund, if we determine in our reasonable discretion that:
Suspension for suspected zero-tolerance violations (including CSAM, credible threats of violence, or coordinated fraud) will be immediate and may be reported to law enforcement and to the affected AI providers in accordance with applicable law.
The Service incorporates technology and AI models subject to U.S., EU, UK, and other export-control and economic-sanctions laws. By using the Service, you represent and warrant that:
Breach of this section is a material breach of these Terms and authorizes immediate termination without refund. You agree to indemnify FunctionalAI for any loss arising from your breach of export-control or sanctions law.
If you connect a messaging or email channel (Gmail, Instagram, Facebook Messenger, WhatsApp, LINE, SMS, or any other) and use the Service to send messages to end users, you are solely responsible for ensuring that every message complies with all applicable laws and platform policies, including (as applicable):
You warrant that for every recipient you have a lawful basis to contact them (including any required prior opt-in or consent), that you honor opt-out and unsubscribe requests promptly, and that you do not use the Service to send unsolicited bulk messages, cold outreach where prohibited, or any message that violates a platform's commerce or messaging-window rules. You are responsible for any account suspension, fine, or claim arising from messages sent through your connected channels, and you indemnify FunctionalAI for the same.
You may upload knowledge-base content, prompts, product catalogs, and other data into the Service that contains personal data of your customers, employees, or other third parties. With respect to all such data:
FunctionalAI complies with the U.S. Digital Millennium Copyright Act (DMCA) and analogous notice-and-takedown procedures in other jurisdictions. If you believe content stored or generated through the Service infringes your copyright, send a written notice to our designated agent at legal@functional-ai.com containing:
Upon receipt of a valid notice, we will remove or disable access to the allegedly infringing material and notify the affected user, who may submit a counter-notice. We will, in appropriate circumstances, terminate the accounts of repeat infringers. Misrepresentations in a DMCA notice or counter-notice may subject you to liability under 17 U.S.C. § 512(f). Equivalent notices under EU, UK, or other applicable copyright regimes may be sent to the same address.
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.
If you connect Instagram, Facebook Messenger, or WhatsApp, you additionally agree to comply with the Meta Platform Terms, the Developer Policies, the relevant Messenger / Instagram / WhatsApp Platform Policy, and the WhatsApp Business and Commerce Policies. In particular, you may not use Meta-derived data for advertising, profiling unrelated to your direct business with the end user, or selling or licensing it to third parties; you must delete Meta-derived data on disconnection or end-user request; and you must respect the 24-hour standard messaging window and any approved message-template rules.
If you install or use FunctionalAI through the Shopify App Store, you additionally agree to comply with the Shopify API License and Terms of Use and the Shopify Partner Program Agreement. You acknowledge that on uninstallation we will respond to Shopify's GDPR webhooks, and that we will delete or anonymize merchant and customer data within the period required by Shopify's policies. You must not use Shopify data accessed through the Service for any purpose other than serving end users of your store.
We rely on the following categories of sub-processors to deliver the Service. The current sub-processor list (with names, locations, and processing purposes) is maintained at functional-ai.com/sub-processors and includes, at minimum:
We will provide at least thirty (30) days' notice of the addition or replacement of a sub-processor that processes personal data, by updating the sub-processor page and (where you have subscribed to such notifications) by email. If you reasonably object to a new sub-processor on documented data-protection grounds, we will work with you in good faith to find a resolution; if none can be reached, you may terminate the affected portion of the Service for convenience and receive a pro-rata refund of any prepaid, unused fees.
This section, together with our Privacy Policy and the sub-processor list referenced above, constitutes the Data Processing Addendum ("DPA") between you (as data controller) and FunctionalAI (as data processor) for personal data of end users that you upload to, or generate through, the Service. To the extent any provision of this DPA conflicts with the rest of these Terms, this DPA controls solely with respect to the processing of personal data.
We process personal data only as necessary to provide the Service to you, for the duration of your subscription (and any wind-down period), to deliver AI-driven chatbot, messaging, RAG, and workflow features. The categories of data subjects include your end users, employees, and any individuals whose personal data you upload; the categories of personal data include identifiers, contact details, message content, conversation history, and any data you choose to include in prompts or knowledge bases.
FunctionalAI agrees that, with respect to personal data processed on your behalf, we will:
Where personal data of EEA, UK, or Swiss data subjects is transferred outside those territories (for example, to OpenAI in the United States or to other sub-processors), the parties rely on the European Commission's Standard Contractual Clauses (Module 2: controller-to-processor), the UK International Data Transfer Addendum, and the Swiss FDPIC adaptations, as applicable, which are incorporated into this DPA by reference. Where a sub-processor is certified under the EU–U.S. Data Privacy Framework, that certification may also be relied upon.
You confirm that you have established a lawful basis for processing the personal data you submit to the Service, that you have provided all required notices to data subjects, and that your instructions to FunctionalAI comply with applicable data-protection law. You bear sole responsibility for the accuracy, quality, and legality of the personal data you submit.
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.
Even on plans marketed as "unlimited," your use of the Service is subject to reasonable fair-use and rate limits designed to protect the stability and security of the Service and the experience of other users. We may publish, update, and enforce limits (including caps on requests per minute, conversations per day, file size, knowledge-base size, concurrent connections, or token consumption) at our discretion. We may throttle, queue, degrade, or temporarily suspend requests that exceed those limits, and we may require you to upgrade your plan or pay overage fees if your usage materially exceeds typical patterns for your plan tier.
From time to time we may make features available as "beta," "alpha," "preview," "experimental," or "early access" (collectively, "Beta Features"). Beta Features are provided "AS IS," WITHOUT WARRANTY OF ANY KIND, are not subject to any service-level commitment or uptime expectation, and may be modified, suspended, or removed at any time without notice. We may use your feedback and usage data from Beta Features to improve the Service. You use Beta Features at your own risk and acknowledge they may be unstable, unsupported, or contain errors. The limitation of liability set out in these Terms applies with full force to Beta Features.
FunctionalAI is an evolving product. We may, at any time and without liability, add, modify, deprecate, or remove features, integrations, models, plan tiers, pricing, or other aspects of the Service. We will use commercially reasonable efforts to provide advance notice of material adverse changes affecting paid customers (typically at least 30 days, where practicable), and where a material adverse change reduces the core functionality of the plan you have paid for, you may terminate the affected plan and receive a pro-rata refund of any prepaid, unused fees as your sole and exclusive remedy. We are not liable for the discontinuation of any feature or integration caused by a third-party provider (for example, an AI model deprecation, an API change by Meta or Shopify, or the loss of a payment processor).
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.
Following termination of your account (whether by you or by us), you may, for a period of thirty (30) days, request an export of your data in a commonly used machine-readable format by emailing support@functional-ai.com. After that 30-day window we will, within a further reasonable period and unless prohibited by law (for example, by tax or anti-fraud retention obligations), delete or irreversibly anonymize your account data, knowledge bases, and conversation logs from active production systems. Backups containing your data are overwritten on our standard backup-rotation cycle. We have no obligation to retain your data after the 30-day export window, and we are not liable for data lost as a result of your failure to export within that window. If your account is suspended for a suspected zero-tolerance violation (such as CSAM or coordinated fraud), we may withhold or delay export to comply with law-enforcement, AI-provider, or regulatory obligations.
Any provision of these Terms that, by its nature, should survive termination will so survive, including (without limitation): User Responsibilities and Acceptable Use; Compliance with AI Provider Policies; Export Controls and Sanctions; Customer Data and End-User Personal Data; the Data Processing Addendum (with respect to data still held); License to Use Your Content; Intellectual Property Rights; AI-Generated Content and Disclaimer; Chargebacks; Disclaimer of Warranties; Limitation of Liability; Indemnification; Governing Law and Exclusive Jurisdiction; Mandatory Arbitration and Class Action Waiver; Time Limitation on Claims; Notices; Feedback; and this Survival clause.
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, agents, and upstream AI and infrastructure providers (including OpenAI and any other model, hosting, or payment provider whose services power the Service) 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, prompt, knowledge-base content, or output you provide, generate, or distribute through the Service, (c) any AI assistant, chatbot, or workflow you deploy using the Service (including its interactions with end users), (d) your violation of these Terms or any AI provider's usage policy, (e) your sale, marketing, or facilitation of any goods or services through or with assistance from the Service (including any claim of intellectual property infringement, counterfeit, product liability, or consumer-protection violation), or (f) your violation of any applicable law or regulation.
If you use the Service as a consumer (a natural person acting outside your trade, business, craft, or profession), the following rights apply to you regardless of anything else in these Terms, and the provisions below override any conflicting provision to the extent required by mandatory law:
If any provision in these Terms conflicts with the consumer rights set out above, the consumer rights prevail to the extent of the conflict.
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. For consumers, this choice of law does not deprive you of the protection of mandatory provisions of the law of your country of habitual residence, as provided by Art. 6 of Regulation (EC) No 593/2008 (Rome I).
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.
We may give you notices required by these Terms by email to the address associated with your account, by in-product notification, or by posting them on our website. You are responsible for keeping your account email current; notices are deemed delivered when sent. Legal notices to FunctionalAI must be sent in writing to legal@functional-ai.com and are deemed received upon our written acknowledgment of receipt or, if no acknowledgment is given, three business days after sending.
If you submit suggestions, ideas, feature requests, bug reports, or other feedback about the Service ("Feedback"), you grant FunctionalAI a perpetual, irrevocable, worldwide, royalty-free, sublicensable, transferable license to use, modify, exploit, and incorporate the Feedback into the Service or any other product or service, without any obligation, attribution, or compensation to you. You represent that you have the right to submit the Feedback on these terms and that the Feedback is non-confidential.
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.