Terms & Conditions

Acceptance of Terms

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.

Assumption of Risk

• AI Limitations: Artificial intelligence technology is inherently imperfect. AI-generated responses may be inaccurate, incomplete, inappropriate, or misleading. You assume all risk associated with using AI-generated content.
• No Professional Advice: The Service does not provide legal, medical, financial, tax, or other professional advice. Any AI outputs should not be relied upon as a substitute for professional consultation.
• Your Responsibility: You are solely responsible for evaluating and verifying any AI-generated content before using it, sharing it with others, or relying on it for any purpose.
• Third-Party Dependencies: The Service relies on third-party providers (including AI providers, hosting services, and payment processors). We are not responsible for the availability, accuracy, or conduct of these third parties.
• No Guarantee of Availability: We do not guarantee that the Service will be available at all times or that it will meet your specific requirements.
• Business Decisions: Any business decisions you make based on the Service are your sole responsibility. FunctionalAI shall not be liable for any business losses, lost customers, reputational damage, or other consequences of your use of the Service.

YOU USE THE SERVICE ENTIRELY AT YOUR OWN RISK.

About the Service

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.

User Accounts and Security

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.

User Responsibilities and Acceptable Use

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:

• Transmit, store, generate, or facilitate any content that is illegal, harmful, obscene, defamatory, threatening, or invasive of privacy, or that infringes intellectual property, publicity, or other rights of any party.
• Generate or disseminate any content for malicious purposes (such as spam, malware, phishing, harassment, intimidation, doxxing, or disinformation).
• Sell, market, promote, or facilitate the sale of counterfeit goods, replicas of trademarked products, unauthorized "dupes," or any goods that infringe third-party trademarks, copyrights, or design rights.
• Engage in or facilitate fraud, deception, scams, pyramid or multi-level marketing schemes, fake reviews, market manipulation, or any deceptive commercial practice.
• Generate, promote, or facilitate sexual content involving minors (CSAM), non-consensual intimate imagery, or any content that sexualizes minors in any way. This is a zero-tolerance violation that will result in immediate termination and may be reported to law enforcement.
• Provide tailored legal, medical, financial, tax, psychological, or other professional advice without appropriate licensure, qualified human review, and clear disclaimers.
• Generate, promote, or facilitate weapons (including firearms, explosives, chemical, biological, radiological, or nuclear materials), illegal drugs, or instructions for violence, self-harm, or harm to others.
• Conduct political campaigning, lobbying, election interference, generation of campaign materials targeted at specific demographics, voter suppression content, or impersonation of political candidates or officials.
• Operate unlicensed gambling, betting, lottery, or speculative-investment services; or provide individualized financial, securities, or cryptocurrency trading advice without appropriate licensure.
• Impersonate any real person, organization, or government entity, or misrepresent the source or origin of any content. You must not falsely claim AI-generated content was created by a human.
• Build or train any competing AI model, large language model, or machine learning system using outputs of the Service, or use the Service to scrape, harvest, or extract training data.
• Use the Service to make automated decisions that produce legal or similarly significant effects on individuals (e.g., employment, credit, housing, insurance, immigration) without meaningful human review and applicable legal compliance.
• Conduct biometric identification or categorization, social scoring, predictive policing, mass surveillance, or any use prohibited by the EU AI Act or comparable laws in your jurisdiction.
• Operate adult content platforms, escort services, or any sexually explicit service through the Service unless expressly authorized in writing by FunctionalAI and compliant with all applicable laws and AI provider policies.
• Attempt to probe, scan, or test the vulnerability of the Service; breach or circumvent any security, authentication, rate-limiting, or content-moderation measures; or extract system prompts or otherwise jailbreak the underlying AI models.
• Reverse engineer, decompile, or otherwise attempt to derive the source code or underlying algorithms of any part of the Service.
• Misuse the Service in a way that could impair others' use or introduce viruses or harmful components.

Compliance with AI Provider Policies

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:

• OpenAI Usage Policies

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.

AI Disclosure to End Users

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:

• You will not represent AI-generated outputs as human-generated. If an end user sincerely asks whether they are speaking with a human or an AI, the assistant must not deny being an AI.
• You will provide reasonable disclosure that end users are interacting with an automated system, in a manner consistent with applicable law (including the EU AI Act, California's BOT disclosure law, and similar regulations).
• You are responsible for ensuring your deployment complies with all consumer-protection, advertising, and disclosure laws in the jurisdictions where your end users are located.
• You will not configure assistants to claim professional credentials they do not hold (e.g., "I am a licensed attorney/doctor/financial advisor") or to impersonate any specific real person.

Content Moderation and Right to Monitor

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.

Suspension and Enforcement

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:

• You have violated, or are reasonably suspected of violating, these Terms, the Acceptable Use restrictions above, or any AI provider's usage policy;
• An AI provider has notified us of, flagged, or revoked access due to activity associated with your account;
• Your use of the Service exposes FunctionalAI, any AI provider, or any third party to legal, regulatory, reputational, or security risk;
• Continued operation of your account is necessary to comply with a court order, regulator, or law enforcement request.

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.

Export Controls and Sanctions

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:

• You are not located in, ordinarily resident in, organized under the laws of, or operating from any country or region subject to comprehensive sanctions, including (without limitation) Cuba, Iran, North Korea, Syria, the Crimea region of Ukraine, the so-called Donetsk and Luhansk People's Republics, and any other region restricted by your AI provider (including, where applicable, Russia and Belarus).
• You are not identified on any restricted-party list maintained by the U.S. Government (including the OFAC SDN List, Entity List, or Denied Persons List), the EU Consolidated List, the UK HM Treasury Sanctions List, or any equivalent list in your jurisdiction; nor are you owned 50% or more, directly or indirectly, by any party on such a list.
• You will not provide access to the Service to any person or entity in the foregoing categories, and you will not use the Service to develop, design, manufacture, or produce nuclear, chemical, biological, or missile-related weapons, or for any other end-use prohibited by export-control law.

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.

Outbound Messaging and Anti-Spam Compliance

If you connect a messaging or email channel (Gmail, Instagram, Facebook Messenger, or any future channel we add) 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):

• The U.S. CAN-SPAM Act and the Telephone Consumer Protection Act (TCPA);
• Canada's Anti-Spam Legislation (CASL);
• The EU ePrivacy Directive and GDPR rules on direct marketing;
• The Meta Platform Terms, Messenger Platform Policy, and Instagram Platform Policy;
• The Google API Services User Data Policy (including the Limited Use requirements) for any data accessed via the Gmail API; and
• Any equivalent law or platform policy in the jurisdictions of your end users.

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.

Customer Data and End-User Personal Data

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:

• You represent and warrant that you have a valid lawful basis under applicable data-protection law (GDPR, CCPA/CPRA, UK GDPR, LGPD, PIPEDA, and equivalents) for collecting that data, for uploading it to the Service, and for having it processed by FunctionalAI and our sub-processors (including OpenAI) as described in our Privacy Policy and the Data Processing Addendum below.
• You are the data controller (or equivalent) for personal data you upload and for conversations between your AI assistant and your end users; FunctionalAI acts as your data processor with respect to that data.
• You are responsible for providing all required notices to your end users, obtaining any required consents (including for AI processing where required), and honoring data-subject rights requests directed to you. We will provide reasonable assistance with such requests as required by law.
• You will not upload special-category data (health, biometric, genetic, racial/ethnic origin, religious belief, sexual orientation, political opinion, trade-union membership), payment card data subject to PCI DSS, government identifiers, or data of children under 13 (or under 16 in the EU/UK) into the Service unless we have expressly agreed to such processing in writing.

Copyright Infringement Notices (DMCA and Equivalents)

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:

• Your physical or electronic signature;
• Identification of the copyrighted work claimed to have been infringed;
• Identification of the material claimed to be infringing and information reasonably sufficient for us to locate it (URL, account identifier, screenshot);
• Your contact information (address, telephone number, email);
• A statement that you have a good-faith belief the use is not authorized by the copyright owner, its agent, or the law; and
• A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner of the copyright or authorized to act on the owner's behalf.

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.

Third-Party Services and Integrations

Our Service integrates with various third-party platforms and services to function effectively, including but not limited to:

AI Provider (OpenAI)

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.

Payment Processors

If you subscribe to a paid plan or make purchases through FunctionalAI outside the Shopify ecosystem, payments are handled by Lemon Squeezy (LMSQUEEZY, LLC, a Stripe company) acting as merchant of record: Lemon Squeezy issues the invoice, collects and stores your payment-card details, billing address, and cardholder name, and pays FunctionalAI a monthly settlement net of fees. If you install FunctionalAI through the Shopify App Store, billing is handled by Shopify under their Billing API on the same merchant-of-record basis. FunctionalAI does not collect or store any payment-card data, billing addresses, or cardholder names. While your account is active we keep an internal reconciliation row per transaction (amount, date, plan, pseudonymous order/subscription identifier); those rows are operational data, not Polish tax records, and are deleted alongside the rest of your data on account erasure. Polish tax-record retention applies separately to the merchant-of-record settlement statements and invoices we issue to or receive from Lemon Squeezy / Shopify (typically 5 years), which do not identify individual end users.

Social Media and Email Integrations

FunctionalAI offers the ability to connect certain third-party messaging and email accounts to your assistant. The currently available integrations are Instagram, Facebook Messenger, and Google (Gmail). Other channels (such as WhatsApp Business or LINE) may be added in the future and are not currently offered. 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 may disconnect any integration at any time from your account settings.

Team Notification Tools (Slack, Discord, Telegram)

You may connect Slack (to mirror conversations into a Slack channel and reply from it) or set up Discord or Telegram alerts. When you do, we send conversation content — including your end users' names or identifiers, their messages, and AI replies — to the destination you configure. Those tools are operated under your own agreement with their provider, not ours; they are not our sub-processors. You are responsible for the destination you choose, for who can see it, and for having a lawful basis to send your end users' data there. Messages already delivered stay in your tool after you disconnect.

Meta Platform Pass-Through Obligations

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.

Shopify Pass-Through Obligations

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.

Sub-Processors

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:

• AI / LLM providers: OpenAI (United States) — model inference and abuse monitoring;
• Primary cloud hosting: Hetzner Online GmbH (Falkenstein, Germany) — application servers, database, and persistent storage;
• Object storage: Amazon Web Services (Frankfurt, eu-central-1) — files, avatars, and conversation-export archives;
• Payment processing: Lemon Squeezy (a Stripe company) for non-Shopify customers; Shopify Billing API for Shopify-installed merchants;
• Transactional email: Mailjet (a Sinch company, France);
• Analytics: PostHog and Google Analytics (marketing site only; opt-in in the EEA, UK and Switzerland, opt-out elsewhere — see the Privacy Policy, section 11c).

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.

Data Processing Addendum (GDPR Article 28)

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.

Subject Matter, Duration, Nature, and Purpose

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.

Processor Obligations

FunctionalAI agrees that, with respect to personal data processed on your behalf, we will:

• Process the personal data only on your documented instructions, including with regard to international transfers, except as required by EU, Member State, or other applicable law (in which case we will inform you of that legal requirement before processing, unless prohibited by law);
• Ensure that personnel authorized to process the personal data are bound by appropriate confidentiality obligations;
• Implement appropriate technical and organizational measures in line with GDPR Article 32, including encryption in transit and at rest, role-based access controls, logging, and regular security review;
• Engage sub-processors only under written terms imposing substantially the same data-protection obligations as set out in this DPA, and remain responsible for their performance;
• Provide reasonable assistance to you in responding to data-subject rights requests, in conducting Data Protection Impact Assessments, and in fulfilling your obligations under GDPR Articles 32–36;
• Notify you without undue delay (and in any event within 48 hours of becoming aware) of any personal-data breach affecting your data;
• At your choice, delete or return all personal data after the end of the provision of services, and delete existing copies unless EU or Member State law requires storage;
• Make available to you the information necessary to demonstrate compliance with this DPA and allow for and contribute to audits, including inspections, conducted by you or an auditor mandated by you. We may satisfy this obligation by providing third-party audit reports (e.g. SOC 2 or equivalent) where available.

International Transfers

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.

Controller Responsibilities

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.

License to Use Your Content

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.

Intellectual Property Rights

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.

AI-Generated Content and Disclaimer

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:

• AI-generated content may contain errors, inaccuracies, biases, or inappropriate material.
• AI may "hallucinate" facts, citations, statistics, or other information that appears authoritative but is completely false.
• AI outputs should NEVER be used as the sole basis for important decisions affecting health, safety, legal matters, finances, or other significant areas.
• You must independently verify all AI-generated content before relying on it or sharing it with others.
• FunctionalAI does not review, edit, or verify AI outputs before they are provided to you.

Subscription, Fees, and Payments

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.

Refund Policy

• Free Plans: No refunds applicable.
• Monthly Subscriptions: No refunds for partial months. You may cancel at any time, and your access will continue until the end of your current billing period.
• Annual Subscriptions: No refunds for partial years. If you cancel, your access continues until your annual renewal date.
• 14-Day Satisfaction Guarantee: If you are a new subscriber and are not satisfied with the Service, you may request a full refund within 14 days of your first paid subscription by contacting support@functional-ai.com. This guarantee applies only to your first subscription period and only once per customer.
• Service Failures: Refunds may be issued at FunctionalAI's sole discretion in cases of documented Service failures lasting more than 72 consecutive hours.

Prepaid Message Balance (Top-ups)

• What it is: A top-up adds prepaid credit to your account balance. The balance is used only to pay for messages beyond your plan's allowance, at the overflow rate shown on our pricing page. It is not a deposit or a bank account, has no cash value, and cannot be transferred to another account.
• No expiry: Your balance does not expire while your account exists, including after you downgrade or cancel your subscription.
• Refunds: You may request a refund of a top-up within 14 days of purchase if none of it has been used, by contacting support@functional-ai.com. After that, or once any of it has been used, top-ups are non-refundable, except as set out below or where mandatory law requires otherwise. A refunded top-up is removed from your balance.
• If we end the Service or your plan: If we discontinue the Service, or terminate your account for reasons other than your breach of these Terms, we will refund any unused balance.
• If you delete your account or are terminated for breach: Any unused balance is forfeited when you delete your account, or when we terminate it because you breached these Terms. Use or request a refund of your balance before deleting your account.
• Shopify merchants: Top-ups bought through Shopify billing are charged by Shopify, and any refund is issued through Shopify.

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.

Fair Use and Rate Limits

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.

Beta and Preview Features

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.

Modifications to the Service

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).

Termination

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.

Data Export and Deletion on Termination

At any time during your subscription you may use the in-product self-service endpoints — data export (POST /api/users/gdpr/data-export/) and account deletion (POST /api/users/gdpr/delete-account/) — or email support@functional-ai.com. 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. 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 under Polish law, typically 5 years for invoicing records), 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.

Survival

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.

Disclaimer of Warranties

Limitation of Liability

A. No Consequential Damages. IN NO EVENT WILL FUNCTIONALAI, ITS OWNER/PROPRIETOR, AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, SUPPLIERS, OR LICENSORS BE LIABLE FOR:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages;
• Loss of profits, revenues, business opportunities, data, goodwill, or anticipated savings;
• Cost of procurement of substitute services;
• Any damages arising from unauthorized access to or alteration of your transmissions or data;
• Any damages arising from statements or conduct of any third party on the Service;
• Any other intangible losses;

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.

Indemnification

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.

Consumer Rights (Mandatory Law)

• Local-court option. You may bring proceedings against us in the courts of the EU/EEA Member State (or your country of habitual residence, where mandatory law so provides) where you are domiciled, in addition to the courts specified in these Terms. We will bring proceedings against you only in the courts of your country of domicile, as required by Art. 18 of Regulation (EU) No 1215/2012 (Brussels I bis).
• Arbitration and class-action waiver do not apply to consumers. The Mandatory Arbitration section and any class-action waiver do not apply to claims brought by consumers to whom mandatory law prohibits pre-dispute binding arbitration.
• 14-day right of withdrawal (EU/UK consumers). Under Directive 2011/83/EU (EU Consumer Rights Directive) and equivalent UK law, if you are an EU/UK consumer purchasing a paid plan as a distance contract, you have the right to withdraw within 14 days from the start of your paid subscription, without giving any reason, by sending a clear statement to support@functional-ai.com. If you expressly request the Service to begin within that 14-day period, you acknowledge that you will lose your right of withdrawal once the Service has been fully performed, and you may be required to pay a proportionate amount for the Service used up to the point of withdrawal.
• Unexcludable liability. Nothing in these Terms excludes or limits our liability for death, personal injury caused by our negligence, fraud or fraudulent misrepresentation, intentional misconduct, gross negligence, or any other liability that cannot be excluded or limited under applicable mandatory law.
• Statutory limitation periods. The one-year contractual limitation period stated elsewhere in these Terms does not apply to consumers; statutory limitation periods under the law of your country of residence apply.
• Mandatory consumer-protection laws. You retain the benefit of all mandatory consumer-protection rules of your country of residence that cannot be derogated from by agreement. Nothing in these Terms limits those rights.
• Alternative dispute resolution (EU consumers). The EU Online Dispute Resolution platform (Regulation (EU) 524/2013) was repealed by Regulation (EU) 2024/3228 and ceased operating on 20 July 2025. We are not obliged to participate in alternative dispute resolution proceedings before a consumer arbitration board, but we will consider bona fide complaints in good faith and respond promptly through support@functional-ai.com.

If any provision in these Terms conflicts with the consumer rights set out above, the consumer rights prevail to the extent of the conflict.

Governing Law and Exclusive Jurisdiction

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.

Mandatory Arbitration and Class Action Waiver

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.

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.

Time Limitation on Claims

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.

Force Majeure

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:

• Acts of God, natural disasters, earthquakes, floods, or severe weather events
• War, terrorism, civil unrest, or armed conflict
• Government actions, laws, regulations, or embargoes
• Epidemics, pandemics, or public health emergencies
• Strikes, labor disputes, or industrial actions
• Infrastructure failures, including power outages or telecommunications failures
• Cyberattacks, including DDoS attacks or other malicious activities affecting our infrastructure
• Third-party service provider outages (including cloud hosting, AI providers, or payment processors)

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.

Miscellaneous

Notices

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.

Feedback

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.

Attorneys' Fees

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.

Entire Agreement

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.

No Oral Modifications

These Terms may not be modified except in writing signed by FunctionalAI or through updates posted to this page with notice to users.

No Waiver

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.

Severability

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.

Assignment

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.

Interpretation

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.

Contact Information

If you have any questions about these Terms or need to contact us for any reason, please reach out to us:

We value our users and will do our best to address your inquiries.