Terms of Service

1. Accounts

1. The Service is for business and professional use. You must be at least 16 years old.
2. You sign in with email, Google or GitHub. Keep your sign-in secure; you are responsible for what happens under your account and your API tokens.
3. A team owner controls the team's projects, members, roles, plans and billing, and can remove members and their access.
4. Give us accurate account and billing details and keep them current.

2. The Service

1. We may change, add or remove features. If a change materially reduces a paid feature you rely on, we will tell you in advance where we reasonably can.
2. Features marked beta, preview or early access may change or stop, and are provided as they are.
3. The desktop app updates itself. Parts of Flexkit Studio are open source; their licences govern your use of that code, and these terms govern the hosted Service.

3. Plans, billing and credits

1. Each project is on a plan (Free, Pro or Enterprise). Paid plans renew automatically each billing period until cancelled. Prices and limits are on our pricing page or in your order.
2. AI features (agent chat, automations, generated files and similar) use credits. Credits come with plans or are bought as top-ups and are used up as the AI works. Credits expire one year after purchase.
3. Stripe processes payments. You authorize us to charge your payment method for subscriptions, top-ups and taxes. Prices exclude taxes unless stated.
4. Fees are non-refundable, except where the law requires a refund or we say otherwise in writing. Cancelling stops the next renewal; the plan stays active until the period ends.
5. If a payment fails, we may limit paid features after reminding you. We may change prices with at least 30 days' notice; the new price applies from your next billing period.

4. Your data

1. "Customer Data" is what you or your users put into the Service: schemas, records, files, chats, knowledge documents, automation instructions, and data the agent reads through your plugins. You own it.
2. You give us permission to host, copy, process, transmit and display Customer Data only to provide, secure and support the Service for you, and as described in the Privacy Policy.
3. You are responsible for Customer Data and for having the rights and consents it needs, including for personal data of your own customers. When we process such personal data for you, we act as your processor and process it only on your instructions.
4. You can export your data while your account is open. After your account or project is deleted, we delete Customer Data within 30 days, except backups, which expire within 35 days, and what the law requires us to keep.

5. AI features

1. The agent and automations generate text, queries, schema changes, files and actions with third-party AI models. Outputs can be wrong, incomplete or not unique. Check them before you rely on them.
2. Data changes, schema deployments, plugin actions and new automations or skills wait for your approval, unless you or your project's settings allow them to run without review. You are responsible for what you approve or allow.
3. Automations act with the permissions of their creator and project; they keep running until you pause or delete them.
4. We do not use Customer Data to train AI models. We send prompts and context to model providers only to produce the output you asked for, under terms that forbid them to train on it.
5. You own the outputs you create, to the extent the law allows, and are responsible for how you use them.

6. Plugins and third-party services

1. Plugins connect the Service to other services (for example Google, Microsoft, Slack, Notion, Stripe, Shopify, Axiom, Tinybird). Your use of those services is governed by their terms.
2. When you connect a plugin, you authorize us to call that service for you with the access you granted. We store credentials encrypted and never show them to the agent.
3. We are not responsible for third-party services, their availability or what they do with data you send them.

7. Acceptable use

You must not:

• break the law, infringe others' rights, or process data you have no right to process;
• send spam, malware or harmful content, or use the Service to harass, deceive or harm people;
• try to access other customers' data, probe or bypass security, limits or billing, or disrupt the Service;
• use the AI features to create content or take actions that our AI model providers' usage policies forbid;
• resell the Service, or use it to build a competing service, without our written permission;
• overload the Service in ways that harm other customers (we may rate-limit).

8. Support access

1. To answer your support requests and investigate problems, authorized Flexkit staff may view your projects as one of your users ("support access").
2. Support access is read-only by default, lasts at most 30 minutes per session, and every session is logged. Your team can see when it happened and who did it.
3. Staff change your data only with permission from your team, given in the product or in writing for that request.
4. Staff use strong sign-in (company accounts with two-factor authentication) and access only what the request needs.

9. Our rights

1. We own the Service, its software and its content, except Customer Data and open-source components. These terms grant you no rights beyond using the Service as described.
2. If you send us feedback or ideas, we may use them without obligation to you.

10. Security and confidentiality

We protect Customer Data with reasonable technical and organizational measures, described in the Privacy Policy. Each of us keeps the other's non-public information confidential and uses it only for this agreement.

11. Suspension and termination

1. You can stop using the Service and delete your projects or account at any time.
2. We may suspend access that breaks these terms, puts the Service or others at risk, or goes unpaid. We will tell you why and give you a chance to fix it, unless the risk or the law requires immediate action.
3. We may end these terms with 30 days' notice. If we do so without cause, we refund prepaid fees for the unused period.
4. Sections 4.4, 9, 12, 13, 14 and 16 survive termination.

12. Disclaimers

The Service is provided "as is" and "as available". To the extent the law allows, we disclaim implied warranties of merchantability, fitness for a particular purpose and non-infringement. We do not promise the Service will be uninterrupted or error-free, or that AI outputs will be accurate.

13. Limitation of liability

To the extent the law allows: neither party is liable for indirect, incidental, special, consequential or punitive damages, or for lost profits, revenue or data; and each party's total liability under these terms is limited to the greater of the fees you paid us in the 12 months before the claim and US$100. These limits do not apply to your payment obligations, your breach of section 7, or liability the law does not allow us to limit.

14. Indemnity

You will defend us against third-party claims arising from your Customer Data, your use of the Service in breach of these terms, or actions you approved or allowed, and pay the resulting damages and reasonable costs.

15. Changes to these terms

We may update these terms. For a material change we will notify you by email or in the product at least 30 days before it takes effect. Continuing to use the Service after that means you accept the new terms.

16. Law and disputes

These terms are governed by the law of the country from which Flexkit is operated, without regard to conflict-of-law rules, and its courts have jurisdiction. We will name the governing law and courts here once Flexkit's company is registered. If you are in the European Union, you keep the protection of the mandatory laws of your country.

17. Contact

Flexkit, www.flexkit.io. Email: privacy@flexkit.io.