These Terms of Use ("Terms") are a legal agreement between Faroflow AI Ltd., a company incorporated in Israel (Company registration no. 517343885) ("Faroflow AI", "we", "our", or "us") and you, the customer ("Customer", "you" or "your"). These Terms govern your use of Faroflow AI's AI-agent software platform and related services (the "Services").
Scope: These Terms apply to customers who have not executed a Master Services Agreement with Faroflow AI Ltd. Where a Master Services Agreement has been executed, that agreement governs and these Terms do not apply.
By signing an Order Form or using the Services, you agree to these Terms.
1. Using the Services
- We'll provide the Services during the term stated in your Order Form.
- You and your authorized users can access and use the Services as described in these Terms, the Order Form, and our policies (Acceptable Use Policy, API Terms, etc.).
- Services may be updated from time to time, but we won't make changes that materially reduce functionality without notice.
2. Your Responsibilities
- You're responsible for how the Services are used under your account.
- Don't resell, transfer, or make the Services available to third parties (except to your own end-users through the bot).
- You are responsible for making any disclosures regarding the use of AI that are required under applicable law.
- Protect your login details and notify us of any unauthorized use.
3. Data & Privacy
- You own your data. You give us the right to use it only to provide and improve the Services.
- The Services are not designed or intended for the processing of special categories of personal data, payment card data, or media uploads, and you should not configure the Services to collect them. We do not require or request such data. You are responsible for what you and your end users submit to the Services; where such data is submitted, we process it under the Data Processing Addendum.
- We may create aggregated, de-identified statistics from usage, which we can use for any purpose.
- Data is processed according to our Privacy Policy and Data Processing Addendum (DPA).
4. Fees & Payment
- Fees are payable in accordance with the billing schedule set out in your Order Form.
- Invoices are payable within 30 days (unless the Order Form says otherwise).
- Late payments may result in suspension of Services.
- Fees exclude applicable taxes, which you're responsible for.
5. Service-Specific Terms
- Automated Resolutions: counted and billed as per your Order Form.
- Generative AI: Outputs may contain errors or offensive content; don't use them as a substitute for professional advice. You're responsible for oversight.
6. Intellectual Property
- You keep ownership of your data.
- We keep ownership of the Services, including our models, platform, and improvements.
- Feedback you provide may be used by us without restriction.
7. Confidentiality
Each party will protect the other's confidential information and only use it to deliver or receive the Services.
8. Warranties & Disclaimers
- We'll provide the Services in a professional way consistent with industry standards.
- Except as stated here, the Services are provided "as is" and we disclaim other warranties (e.g. uninterrupted operation, accuracy of outputs).
9. Liability
- Neither of us is liable for indirect or special damages (like lost profits).
- Each party's total liability to the other is capped at the fees you paid in the 6 months before the claim.
- These limits don't apply to: confidentiality obligations; indemnification obligations; your obligation to pay fees; fraud or fraudulent misrepresentation; wilful misconduct; or any liability that can't be limited under applicable law.
10. Term & Termination
- Terms start with your first Order Form and continue until terminated.
- Each Order Form runs for a committed term of 12 months unless it states otherwise, and renews automatically for successive terms of the same length unless either party gives at least 30 days' notice of non-renewal before the end of the current term.
- An Order Form can't be terminated for convenience unless it expressly says so.
- Either party may terminate if the other materially breaches and doesn't fix within 30 days.
- If we terminate for your material breach, the remaining committed fees for the then-current term become immediately due and payable.
- If you terminate for our uncured material breach, we'll refund any prepaid fees covering the unused portion of the term.
- On termination:
- Your right to use the Services ends.
- We'll give you access to export your data for a limited period before deletion.
11. General
- Force majeure: Neither of us is liable for events beyond our control (e.g. natural disasters, strikes).
- We're independent contractors; nothing here creates a partnership or employment.
- These Terms are governed by the laws of the State of Israel, and disputes will be resolved exclusively in the competent courts of Tel Aviv-Jaffa, Israel.
- You can't assign this agreement without our consent (except to an affiliate or in case of merger/acquisition).
- These Terms, the Order Form, and incorporated policies (Acceptable Use, API Terms, Privacy Policy, DPA) are the entire agreement.