Terms of Service

1. Definitions

• "Account" means the user account you create to access the Service.
• "Authorized User" means an employee, contractor, agent, or other person you authorize to access or use the Service under your Account or organization.
• "Billable Seat" means an Authorized User, FML organization member, or other seat counted for billing under the applicable plan or Order Form.
• "Connected Service" means a third-party service you connect to FML, such as GitHub, GitLab, Slack, Linear, Notion, Sentry, support tools, analytics tools, or billing systems.
• "Customer Data" means code, repositories, content, prompts, instructions, files, configuration, telemetry, Panopticon Data, and other data you or your Authorized Users provide to, make available to, or authorize the Service to access, including through Connected Services.
• "Documentation" means our user guides, help pages, or other documentation we publish for the Service.
• "FML Plugin" means FML client software, including our command-line tools, Claude Code plugin, local hooks, daemons, sync components, and related local or sandbox software.
• "Order Form" means any ordering document, online checkout, statement of work, or subscription plan describing fees and entitlements.
• "Output" means results generated by the Service (e.g., code changes, patches, tests, comments, diffs, suggestions, summaries, dashboards, reports, or other generated content).
• "Panopticon Data" means agent observability data collected by or synced through the Service, such as session metadata, messages, prompts, tool calls, file edit events, shell command events, code provenance, repository context, configuration snapshots, token usage, model usage, and cost data.

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 agent observability and AI-assisted engineering workflows. The Service may collect and analyze agent activity, model usage, tool usage, cost data, repository context, Connected Service data, and development outcomes; surface dashboards and reports; run automations; and help analyze, modify, test, or create pull requests for codebases you authorize.

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.
• Use the Service to access, copy, or modify data in a Connected Service unless you have all required rights, permissions, and notices.

We may suspend or terminate access for violations of this Section.

5. Integrations, Plugin, and Third-Party Services

5.1 Connected Services

The Service may integrate with Connected Services. Depending on the permissions you grant and the features you use, FML may read from, write to, or otherwise interact with Connected Services, including by accessing repositories, pull requests, issues, commits, messages, pages, tickets, errors, analytics events, billing metadata, and other records.

You authorize us to access and process data from Connected Services and to take actions through Connected Services as directed by you, your Authorized Users, your settings, or your automations. Examples include posting Slack messages, creating or updating issues or tickets, appending documentation, reading error data, opening pull requests, or querying billing and product analytics systems.

Your use of Connected Services is governed by their terms and policies, and we are not responsible for those services. You are responsible for configuring permissions, scopes, notices, approvals, and access controls appropriately.

5.2 FML Plugin and Panopticon Data

If you install or use the FML Plugin, the Service may collect and sync Panopticon Data. Panopticon Data may include prompts, messages, session summaries, tool calls, tool inputs and outputs, command and file edit events, code provenance, repository and branch context, working directories, Git user names and emails, model and token usage, cost data, errors, OpenTelemetry-style logs/metrics/spans, and local or repository configuration snapshots such as enabled plugins, hooks, commands, rules, skills, permissions, and memory file metadata.

Panopticon Data is Customer Data. We may process and display it to provide agent activity, cost, provenance, search, dashboard, automation, and reporting features, including within the organization associated with the relevant repository, Account, token, or Connected Service.

5.3 Local Software and Service Tokens

The FML Plugin may run local processes, modify local AI-tool settings or hooks with your authorization, store local state, and use access or refresh tokens to authenticate with FML. You are responsible for installing, updating, securing, disabling, or uninstalling local software and for revoking tokens or integration access when appropriate.

5.4 Automations and Code Sandboxes

The Service may run automations on a schedule or in response to events, and may run code-analysis or code-modification workflows in FML-managed or customer-authorized development environments. If you enable write or auto-fix capabilities, FML may run commands, edit files, create branches, run checks, interact with Connected Services, and create pull requests according to your instructions and settings. You remain responsible for reviewing, testing, approving, merging, deploying, and monitoring all Output and actions.

We process integration, plugin, automation, and sandbox data 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, including Panopticon 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 and Service actions before using them 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.
• Automations, sandboxed agents, and Connected Service actions may take actions based on incomplete, stale, or incorrect context.

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, repositories, local devices, tokens, secrets, and development environments.

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.

By starting checkout, entering payment information, or otherwise purchasing a paid plan, you authorize FML and our billing providers to charge your payment method for recurring subscription fees, usage-based fees, seat changes, taxes, and other charges described in the applicable plan or Order Form.

10.2 Seat-based billing

Some plans are billed by Billable Seat. For organization plans, Billable Seats are based on FML organization members or other authorized users counted under the applicable plan or Order Form, unless excluded through the Service. You are responsible for reviewing seat rosters and keeping organization access and billing settings accurate.

Seat counts may be synced from time to time and may change as users are added, removed, excluded, or re-included. Seat changes may affect current or future charges as described during checkout, in your billing portal, in your Order Form, or by our billing provider.

10.3 Billing providers

We use Stripe to process payments, manage subscriptions, provide invoices, operate the billing portal, and support billing operations, metering, reconciliation, and revenue analytics. Your payment information is handled by Stripe according to its terms and policies.

10.4 Auto-renewal, trials, and cancellation

Unless otherwise stated, subscriptions renew automatically at the end of each billing period until canceled. If a plan includes a free trial, promotional price, coupon, or discount, the subscription may convert to a paid or full-price subscription unless canceled before the trial or promotional period ends.

You can cancel renewal through your account settings, the billing portal, or another cancellation method we provide. Cancellation stops future renewals; it does not retroactively refund fees already paid, except as required by law or explicitly stated in writing.

10.5 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.

10.6 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 10.4.

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, 10, and 12-17. You are responsible for uninstalling local software and revoking Connected Service permissions or tokens when appropriate. We may retain information after termination as described in our Privacy Policy.

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: