These Terms of Service ("Terms") govern your access to and use of the FML website, apps, and services (collectively, the "Service"). The Service is operated by FML, Inc. ("FML," "we," "us," or "our").
By creating an account, accessing, or using the Service, you agree to these Terms. If you are using the Service on behalf of an organization, you represent and warrant that you have authority to bind that organization, and "you" means the organization.
Summary of key points (non-binding)
- AI outputs can be wrong. You're responsible for reviewing, testing, and validating any suggestions or code generated by the Service before using it.
- Your code stays yours. You retain ownership of your code and other inputs. You grant us a license to process it to provide the Service.
- Third-party providers. We rely on providers like GitHub (auth/integration), Stripe/Orb (billing), and may route requests to third-party model providers to deliver the Service.
- No uptime guarantee. The Service is provided "as is" and "as available," without an SLA unless we agree otherwise in writing.
- Liability is limited. Our liability is capped as described below.
This summary is for convenience only and does not change the Terms.
1. Definitions
- "Account" means the user account you create to access the Service.
- "Customer Data" means code, repositories, content, prompts, instructions, files, and other data you (or your users) provide or make available to the Service, including via integrations (e.g., GitHub).
- "Output" means results generated by the Service (e.g., code changes, patches, tests, comments, diffs, suggestions, summaries, or other generated content).
- "Documentation" means our user guides, help pages, or other documentation we publish for the Service.
- "Order Form" means any ordering document, online checkout, statement of work, or subscription plan describing fees and entitlements.
2. Eligibility and Account Registration
You must be at least 18 years old (or the age of majority where you live) to use the Service.
You agree to provide accurate information when creating an Account and to keep it up to date. You are responsible for all activity under your Account and for maintaining the confidentiality of your credentials.
3. The Service
FML provides software and AI-assisted workflows that may analyze codebases, propose changes, generate tests, suggest fixes, and help ship production-ready software.
We may modify the Service at any time, including adding or removing features. We may also offer beta or experimental features ("Beta Features"), which may be changed, suspended, or discontinued at any time and may be subject to additional terms.
4. License and Acceptable Use
4.1 License to you
Subject to these Terms and your payment of applicable fees, we grant you a limited, non-exclusive, non-transferable, non-sublicensable license to access and use the Service for your internal business or personal purposes.
4.2 Acceptable use
You agree not to (and not to allow anyone else to):
- Use the Service to create, distribute, or facilitate malware, destructive code, unauthorized access, or other harmful activity.
- Interfere with or disrupt the Service, including by probing, scanning, or testing the vulnerability of our systems (except as explicitly authorized in writing).
- Reverse engineer, decompile, or attempt to discover source code or underlying models/algorithms of the Service (except to the extent prohibited by law).
- Circumvent rate limits, access restrictions, or usage controls.
- Use the Service to develop or improve a competing product (except as permitted by mandatory law).
- Upload or provide Customer Data you do not have the rights to use, including violating confidentiality or IP obligations.
- Use the Service in violation of applicable laws, including export control and sanctions laws.
We may suspend or terminate access for violations of this Section.
5. Integrations and Third-Party Services
The Service may integrate with third-party services (for example, GitHub for repository access/authentication; and, in the future, services like Slack). Your use of third-party services is governed by their terms and policies, and we are not responsible for those services.
You authorize us to access and process data from connected integrations solely to provide and improve the Service in accordance with these Terms and our Privacy Policy.
6. Customer Data, Output, and Intellectual Property
6.1 Your ownership of Customer Data
As between you and FML, you retain all rights, title, and interest in and to your Customer Data.
6.2 License to process Customer Data
You grant FML a worldwide, non-exclusive license to host, copy, process, transmit, and display Customer Data only as necessary to:
- provide, maintain, and secure the Service;
- perform support and troubleshooting;
- comply with law; and
- improve the Service as described in Section 6.4 and our Privacy Policy.
6.3 Output ownership
As between you and FML, you own the Output generated for you from your Customer Data, to the extent permitted by law. FML hereby assigns to you any rights FML may have in such Output.
Important: Output may include or resemble third-party code or content. You are responsible for ensuring your use of Output complies with applicable licenses, third-party terms, and law (including open-source obligations).
6.4 Service improvement and model training
We may use Customer Data and/or Output to maintain and improve the Service as described in our Privacy Policy and plan settings.
Where applicable, certain plans or configurations may limit or disable the use of your Customer Data for model improvement/training. If your plan includes such controls, those controls will govern. Otherwise, you acknowledge that we may use Customer Data and Output to improve the Service, including via third-party model providers, as described in our Privacy Policy.
6.5 FML IP
We retain all rights, title, and interest in and to the Service, the Documentation, and all underlying technology, including any improvements, enhancements, or derivative works (excluding your Customer Data and your Output as stated above).
6.6 Feedback
If you provide suggestions, feedback, or ideas about the Service ("Feedback"), you grant us a perpetual, irrevocable, worldwide, royalty-free license to use and incorporate that Feedback without restriction or compensation.
7. Confidentiality
Each party ("Receiving Party") may receive confidential information from the other ("Disclosing Party"). The Receiving Party will: (a) use the Disclosing Party's confidential information only to perform under these Terms, and (b) protect it using reasonable care.
Confidential information does not include information that: (i) is publicly available through no fault of the Receiving Party, (ii) was already known by the Receiving Party without confidentiality obligations, (iii) is independently developed without use of the confidential information, or (iv) is rightfully obtained from a third party without restriction.
We may disclose confidential information if required by law or legal process, and where permitted, we will give notice and an opportunity to seek protective treatment.
8. AI Disclaimers and Your Responsibilities
You acknowledge and agree:
- The Service uses automated systems and AI that may produce inaccurate, incomplete, or unsafe Output.
- You are solely responsible for reviewing, testing, validating, and approving Output before using it in any environment (including production).
- The Service may not identify all issues, vulnerabilities, regressions, or missing tests.
- You are responsible for your codebase, releases, compliance, and security posture.
You agree to implement reasonable safeguards appropriate to your use case (e.g., code review, CI, testing, staged rollouts, security scanning).
9. Security
We take reasonable measures designed to protect the Service and Customer Data. However, no method of transmission or storage is 100% secure. You are responsible for configuring integrations and access controls appropriately and for securing your own systems and repositories.
10. Fees, Billing, and Taxes
10.1 Fees and plans
If you purchase a paid subscription, you agree to pay the fees listed in the applicable plan or Order Form. Fees are non-refundable except as required by law or explicitly stated in writing.
10.2 Billing providers
We may use third-party billing providers such as Stripe and Orb to process payments and manage subscriptions. Your payment information is handled by those providers per their terms and policies.
10.3 Auto-renewal; cancellation
Unless otherwise stated, subscriptions renew automatically at the end of each billing period. You can cancel renewal through your account settings (or as otherwise described). Cancellation stops future charges; it does not retroactively refund fees already paid, except as required by law.
10.4 Taxes
Fees are exclusive of taxes, levies, or duties imposed by taxing authorities. You are responsible for all applicable taxes, except taxes on our net income.
10.5 Changes
We may change fees or introduce new charges with reasonable notice (for example, by posting updates in the Service or via email). Changes apply at the next renewal unless stated otherwise.
11. Term and Termination
11.1 Term
These Terms begin when you first use the Service and continue until terminated.
11.2 Termination by you
You may stop using the Service at any time. You may terminate a paid subscription by canceling renewal as described in Section 10.3.
11.3 Termination or suspension by us
We may suspend or terminate your access immediately if:
- you breach these Terms;
- your use poses a security risk, could harm the Service, or could expose us or others to liability; or
- we are required to do so by law.
We may also terminate the Service or your access for convenience with reasonable notice, where feasible.
11.4 Effect of termination
Upon termination, your right to access the Service stops. Sections that by their nature should survive termination will survive, including Sections 6–8 and 12–16.
12. Warranty Disclaimer
THE SERVICE (INCLUDING BETA FEATURES AND OUTPUT) IS PROVIDED "AS IS" AND "AS AVAILABLE." TO THE MAXIMUM EXTENT PERMITTED BY LAW, FML DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE.
WE DO NOT WARRANT THAT THE SERVICE WILL BE UNINTERRUPTED, ERROR-FREE, OR THAT OUTPUT WILL BE ACCURATE, SECURE, OR RELIABLE.
13. Limitation of Liability
TO THE MAXIMUM EXTENT PERMITTED BY LAW:
- FML WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS, EVEN IF ADVISED OF THE POSSIBILITY.
- FML'S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THE SERVICE OR THESE TERMS WILL NOT EXCEED THE GREATER OF (A) $100 OR (B) THE AMOUNTS PAID BY YOU TO FML FOR THE SERVICE IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM.
Some jurisdictions do not allow certain limitations. In that case, these limitations apply to the maximum extent permitted.
14. Indemnification
You agree to indemnify, defend, and hold harmless FML and its officers, directors, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable attorneys' fees) arising from or relating to: (a) your Customer Data, (b) your use of the Service or Output, (c) your violation of these Terms, or (d) your violation of applicable law or third-party rights.
15. Compliance (Export Controls and Sanctions)
You represent that you (and any users you authorize) are not located in, under the control of, or a national/resident of any country subject to comprehensive sanctions where use of the Service would be prohibited, and you are not a prohibited or restricted party under applicable export control or sanctions laws.
You agree to comply with all applicable export control and sanctions laws in connection with your use of the Service.
16. General Terms
16.1 Governing law; venue
These Terms are governed by the laws of the State of Delaware, excluding conflict-of-law rules. Any dispute arising from these Terms will be brought in the state or federal courts located in Delaware, and the parties consent to personal jurisdiction and venue there.
16.2 Entire agreement
These Terms, together with any Order Form and our Privacy Policy, form the entire agreement between you and FML regarding the Service and supersede any prior agreements relating to the Service.
If there is a conflict between these Terms and an Order Form, the Order Form controls for that conflict.
16.3 Assignment
You may not assign these Terms without our prior written consent. We may assign these Terms in connection with a merger, acquisition, corporate reorganization, or sale of all or substantially all assets.
16.4 Severability
If any provision of these Terms is held unenforceable, the remaining provisions will remain in effect.
16.5 Waiver
Failure to enforce any provision is not a waiver of the right to enforce it later.
16.6 Changes to these Terms
We may update these Terms from time to time. If we make material changes, we will take reasonable steps to notify you (for example, via the Service or by email). Your continued use of the Service after changes become effective means you accept the updated Terms.
17. Contact
If you have questions about these Terms, contact us at: