Fyby Inc. Terms and Conditions
Last updated: July 3, 2025
Welcome to Fyby. These Terms and Conditions (“Terms”) are a binding legal agreement between you and Fyby Inc. (“Fyby,” “we,” “us,” or “our”) that governs your access to and use of our websites (fyby.ai, fyby.app), applications, APIs, our AI agent, Fyby Atlas, and other services (collectively, the “Services”).
BY ACCESSING, CREATING AN ACCOUNT, OR USING OUR SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND OUR PRIVACY POLICY. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE PROHIBITED FROM USING THE SERVICES.
1. Acceptance of Terms and Eligibility
You must be at least 13 years old to use the Services. If you are under 18, you must have your parent’s or legal guardian’s permission, and they agree to be bound by these Terms and be fully responsible for your acts. If you use the Services on behalf of an organization, you represent that you have the authority to bind that entity to these Terms.
2. Your Account and Responsibilities
You must provide accurate information for your account and are solely responsible for all activities that occur under it and for maintaining the confidentiality of your credentials. Fyby will not be liable for any loss or damage arising from your failure to comply with this section.
3. Use of the Services
3.1 License to Use Our Services
Subject to your strict compliance with these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, and fully revocable license to access and use the Services.
3.2 Acceptable Use Policy
You agree not to, and not to allow third parties to, use the Services for any illegal, harmful, or abusive activity, including but not limited to: infringing on rights, distributing malware, engaging in high-risk use cases without human oversight, or developing competing models. Violation of this policy may result in immediate suspension or termination of your account at our sole discretion.
4. Content and Intellectual Property
4.1 Your Content
You may provide input to the Services (“Input”) and receive output (“Output”). Input and Output are collectively “User Content.”
Ownership of User Content: As between you and Fyby, and to the extent permitted by law, you retain your ownership rights in your Input and own the Output. This assignment is contingent upon your full compliance with these Terms.
Broad License to Fyby: You grant Fyby and its affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, copy, store, modify, reproduce, publish, display, distribute, and create derivative works of your User Content for any purpose, including to provide, maintain, secure, and improve the Services, and for any other legitimate business purpose. This license survives termination of these Terms. For paid enterprise tiers, your User Content will not be used for general model training, as specified in your enterprise agreement.
Your Responsibility for User Content: You are solely responsible for your User Content and represent and warrant that you have all necessary rights to provide it and to grant the license above.
4.2 Fyby’s Intellectual Property
Our IP: We and our affiliates and licensors own all right, title, and interest in and to the Services, including all underlying technology and AI models like Fyby Atlas.
Usage Data: As stated in our Privacy Policy, Fyby is the sole and exclusive owner of all Usage Data. You hereby assign to us all rights, title, and interest you may have in such Usage Data.
Feedback: If you provide any feedback, comments, or suggestions (“Feedback”), you agree that we own such Feedback and may use it for any purpose without restriction or compensation to you. You hereby assign to us all rights, title, and interest in and to the Feedback.
4.3 Nature of AI Services
Accuracy Disclaimer: Artificial intelligence is probabilistic and may result in Output that is incorrect, contains “hallucinations,” is offensive, or does not accurately reflect real people, places, or facts. Output does not represent Fyby’s views and is not a substitute for professional advice. FYBY MAKES NO GUARANTEES AS TO THE ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY OUTPUT.
Your Responsibility for Output: You are solely and entirely responsible for the Output you generate and your use of it. You must evaluate all Output for accuracy and appropriateness, including through human review, before using or relying on it. You assume all risks associated with the use of Output.
Similarity of Content: Output may not be unique. Other users may receive the same or similar responses. Our assignment of ownership to you does not extend to the Outputs generated for other users.
5. Fees and Payment
For paid Services, you agree to provide accurate billing information. We will automatically charge your payment method for renewals. ALL PAYMENTS ARE FINAL AND NON-REFUNDABLE. We are not obligated to provide any refunds or credits for any reason, except where strictly required by law.
6. Disclaimers, Limitations of Liability, and Indemnification
6.1 WARRANTY DISCLAIMER
THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT PERMITTED BY LAW, FYBY AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FYBY DOES NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, COMPLETE, RELIABLE, OR ERROR-FREE.
6.2 LIMITATION OF LIABILITY
TO THE FULLEST EXTENT PERMITTED BY LAW, IN NO EVENT WILL FYBY OR ITS AFFILIATES BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUES, DATA, OR GOODWILL, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF THE SERVICES.
IN NO EVENT SHALL THE TOTAL AGGREGATE LIABILITY OF FYBY AND ITS AFFILIATES FOR ALL CLAIMS RELATED TO THESE TERMS OR THE SERVICES EXCEED THE GREATER OF ONE HUNDRED U.S. DOLLARS ($100) OR THE TOTAL AMOUNT YOU PAID FYBY FOR THE SPECIFIC SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
6.3 Indemnification by You
You agree to defend, indemnify, and hold harmless Fyby, its affiliates, and their respective officers, directors, employees, and agents from and against any and all claims, damages, obligations, losses, liabilities, costs, or debt, and expenses (including but not limited to attorney’s fees) arising from or related to: (a) your use of and access to the Services; (b) your violation of any term of these Terms; (c) your violation of any applicable law or any third-party right, including any intellectual property or privacy right; (d) your Input or Output; or (e) any third party’s access and use of the Services with your account credentials.
7. Termination and Suspension
We reserve the right to suspend or terminate your access to the Services or delete your account at any time, for any or no reason, with or without notice, at our sole discretion. Upon termination, all licenses and rights granted to you in these Terms will immediately cease.
8. Governing Law and Dispute Resolution
PLEASE READ THIS SECTION CAREFULLY AS IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT.
Governing Law: These Terms will be governed by the laws of the State of California, without regard to its conflict of laws principles.
Mandatory Arbitration: You and Fyby agree to resolve any claims relating to these Terms or the Services through final and binding arbitration, administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules. The arbitration will be held in San Francisco, California.
Class Action Waiver: YOU AND FYBY AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS OR REPRESENTATIVE PROCEEDING.
9. General Provisions
These Terms, along with our Privacy Policy, constitute the entire agreement between you and Fyby. If any provision is held to be invalid, the remaining provisions will remain in full force and effect. You may not assign your rights or obligations under these Terms without our consent. We may assign our rights and obligations without restriction. If you have any questions about these Terms, please contact us at legal@fyby.ai.
