Terms of Service
Contents
- 1. The agreement
- 2. Eligibility
- 3. Your account and API keys
- 4. Using the Services
- 5. Acceptable use
- 6. Your content and model outputs
- 7. Fees, balance and payment
- 8. Teams
- 9. Our intellectual property
- 10. Suspension and termination
- 11. Disclaimers
- 12. Limitation of liability
- 13. Indemnification
- 14. Changes to these Terms
- 15. Governing law
- 16. Dispute resolution and arbitration
- 17. Export and sanctions
- 18. Copyright complaints
- 19. General terms
- 20. Contact us
1. The agreement
#These Terms of Service (“Terms”) are an agreement between you and Molly AI Inc., a Delaware corporation doing business as FullsendAI (“FullsendAI,” “we,” “us”). They govern your use of our website, API, web chat, desktop app, command-line tool and documentation (together, the “Services”). By creating an account or using the Services, you agree to these Terms and to our Privacy Policy.
If you use the Services for a company or other organization, you agree to these Terms on its behalf and confirm you have the authority to do so; “you” then includes that organization.
Please read section 16 carefully. It requires disputes to be resolved by individual binding arbitration and waives class actions and jury trials, unless you opt out within 30 days.
2. Eligibility
#You must be at least 18 years old and able to form a binding contract to use the Services. You may not use them if you are barred from doing so under the laws that apply to you, including US export and sanctions laws, or if we have previously suspended or closed your account.
3. Your account and API keys
#Give accurate information when you sign up and keep it current. You are responsible for keeping your password, sign-in methods and API keys secure, and for all activity under your account and keys, including calls made by the tools you connect and by members of your team. Treat keys like passwords: don't share them publicly or put them in code others can see.
Tell us promptly at [email protected] if you suspect unauthorized use. You can revoke keys at any time, and we may revoke or pause a key that appears compromised or is used in breach of these Terms.
4. Using the Services
#Subject to these Terms, we grant you a limited, non-exclusive, non-transferable right to use the Services, including to build them into your own products and services. Usage limits, such as request rates and spend caps, may apply.
The Services offer FullsendAI's own models and models from third parties. We may add, update, rename or retire models and features, and we may route your requests among infrastructure providers to keep the Services available. Where a change materially reduces what you have paid for, we will give reasonable notice.
You may connect third-party tools, such as coding agents and editors, to the Services. Those tools are governed by their own terms, and we are not responsible for them. When you ask our command-line tool to connect a tool, it changes that tool's settings on your computer at your direction; it backs up each file first and can undo its changes, but you remain responsible for your own devices.
Features we label as beta or preview are provided as they are and may change or be withdrawn.
5. Acceptable use
#You may not use the Services, or help anyone else use them, to:
- break any law or regulation, or infringe or misappropriate anyone's rights, including intellectual property and privacy rights;
- access, attack, scan, disrupt or damage any system, network or data without authorization;
- create, distribute or deploy malware or ransomware against others, or run phishing, fraud or scams;
- generate or distribute sexual content involving minors, or any content that sexualizes or exploits children;
- develop or acquire biological, chemical, nuclear or radiological weapons, or plan or promote terrorism or violent extremism;
- harass, threaten, stalk or defame anyone, or conduct unlawful surveillance or profiling;
- impersonate others or create deceptive content intended to mislead people about its source;
- send spam or carry out other abusive automated activity;
- interfere with the Services, get around their limits, security or billing, or use them while hiding your identity to evade a suspension; or
- attempt to extract, reveal or reproduce the instructions, configuration or other non-public details of our models, or to reverse engineer the Services, except as the law expressly permits.
Security work. Security work is welcome when it is authorized: testing systems you own or have written permission to test, taking part in bug bounty programs and capture-the-flag events within their rules, analyzing malware samples in an isolated lab, auditing code, and building detections and defenses. By using the Services for security work you confirm you have that authorization. Follow responsible disclosure for any vulnerability you find.
We use automated systems and, where needed, human review to detect misuse. We may remove content, pause or revoke keys, or suspend or close accounts that break these rules, and we may report conduct to the authorities where the law requires or allows.
6. Your content and model outputs
#You keep ownership of what you send to the Services (“Inputs”) and, as between you and us, own what the models return to you (“Outputs”). You give us the permission we need to host, process and transmit your Inputs and Outputs to provide, secure and support the Services. We do not use them to train or tune any model.
You are responsible for your Inputs, including having the rights to them, and for how you use Outputs. Models can produce similar Outputs for other users, and those are not yours.
AI output can be wrong. Outputs may be inaccurate, incomplete, outdated or offensive, and may describe actions that are harmful if run without care. Review them before relying on them, especially before running code or commands, changing systems or making decisions with legal, financial, medical or safety consequences. Outputs are not professional advice.
7. Fees, balance and payment
#- Usage. Usage is charged per token at the prices shown on our pricing page when the request is made, first from any plan allowance and then from your prepaid balance. Prices may change for future usage.
- Plans. Plans renew automatically each billing period at the then-current price until you cancel. You can cancel at any time in your account; the plan stays active until the end of the paid period. We will notify you before a plan's price changes.
- Balance. Prepaid balance is used for the Services only, has no cash value, can't be transferred and doesn't earn interest. If you turn on automatic top-up, you authorize us to charge your saved card when your balance falls below the level you set.
- Card payments are processed by Stripe. Cryptocurrency payments are processed by NOWPayments; they are final once sent, are credited at the value we receive, and network fees are yours.
- Promotional credit, such as sign-up or referral credit, has no cash value, may expire, and may be withdrawn if obtained through abuse.
- Taxes. Prices exclude taxes unless stated. You are responsible for applicable taxes, which we may collect where required.
- Problems. If a payment fails we may pause paid features until it is resolved. Tell us about any billing error within 60 days of the charge so we can correct it.
Refunds. Fees and prepaid balance are non-refundable, except where the law requires otherwise or as stated in these Terms. We correct charges made in error. If you close your account, any remaining balance is forfeited. If we close your account or discontinue the Services for reasons other than your breach of these Terms, we will refund your unused prepaid balance.
8. Teams
#An account owner can invite team members. The owner is responsible for the team's use of the Services and its charges, and can see the team's usage, keys and stored request bodies. Members must follow these Terms.
9. Our intellectual property
#The Services, our software, models, documentation and brands (including FullsendAI, Nef and Sifu) belong to us or our licensors and are protected by law. These Terms give you no rights in them beyond using the Services as permitted. Our command-line tool is also available under its own open-source license (MIT), which governs that software.
If you send us feedback or suggestions, we may use them without any obligation to you.
10. Suspension and termination
#You may stop using the Services and close your account at any time from your account settings. We may suspend or close your account, or limit access, if you break these Terms, fail to pay, create risk or legal exposure for us or others, or if we must do so by law. Where reasonable, we will tell you first and give you a chance to fix the problem.
When your account closes, your right to use the Services ends and your keys stop working. Sections that by their nature should survive, including those on fees owed, intellectual property, disclaimers, limitation of liability, indemnification and dispute resolution, continue to apply.
11. Disclaimers
#THE SERVICES AND ALL OUTPUTS ARE PROVIDED “AS IS” AND “AS AVAILABLE.” TO THE FULLEST EXTENT THE LAW ALLOWS, WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE OR SECURE, OR THAT OUTPUTS WILL BE ACCURATE.
12. Limitation of liability
#TO THE FULLEST EXTENT THE LAW ALLOWS, NEITHER FULLSENDAI NOR ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS OR SUPPLIERS WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA OR GOODWILL, ARISING FROM OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF ADVISED OF THEIR POSSIBILITY.
OUR TOTAL LIABILITY FOR ALL CLAIMS RELATING TO THE SERVICES OR THESE TERMS IS LIMITED TO THE GREATER OF THE AMOUNTS YOU PAID US IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO THE CLAIM AND US $100.
Some jurisdictions don't allow these limitations, so some may not apply to you.
13. Indemnification
#To the extent the law allows, you will defend and indemnify FullsendAI and its affiliates, officers, employees and agents against claims, losses and costs (including reasonable attorneys' fees) arising from your Inputs, your use of Outputs, your use of the Services in breach of these Terms or the law, or your infringement of anyone's rights.
14. Changes to these Terms
#We may update these Terms. We will post the new version here with a new date and, for material changes, notify you by email or in the Services at least 30 days before they take effect, unless a change is required sooner by law or to address misuse. If you keep using the Services after changes take effect, you accept them; if you don't agree, stop using the Services and close your account.
15. Governing law
#These Terms are governed by the laws of the State of Delaware, without regard to its conflict-of-law rules, except that the Federal Arbitration Act governs section 16. Subject to section 16, the state and federal courts located in Delaware have exclusive jurisdiction, and you and we consent to them.
16. Dispute resolution and arbitration
#Talk to us first. Before starting a claim, send a written notice describing it and the relief you want to [email protected] or to our mailing address. We will try to resolve it informally within 60 days.
Binding arbitration. If we can't, you and FullsendAI agree that any dispute arising from or relating to the Services or these Terms will be resolved by final, binding arbitration administered by the American Arbitration Association under its Consumer Arbitration Rules (or its Commercial Arbitration Rules if you use the Services for a business), before a single arbitrator. Hearings may take place by video or phone, or in the county where you live. Fees are paid as those rules provide. Judgment on the award may be entered in any court with jurisdiction.
Exceptions. Either party may bring an individual claim in small claims court, and either may seek an injunction in court to stop the infringement or misuse of intellectual property or of the Services.
No class actions or jury trials. Claims may be brought only individually, not as a plaintiff or class member in any class, collective or representative proceeding, and the arbitrator may not consolidate claims or award relief to anyone other than the individual party. You and FullsendAI waive any right to a jury trial. If this waiver is found unenforceable for a claim, that claim will be decided in court and not in arbitration. If 25 or more similar claims are brought by or with the same counsel, they will be administered in batches under the AAA's mass arbitration procedures.
Opting out. You may opt out of this arbitration agreement by emailing [email protected] from your account's address within 30 days of first accepting these Terms, saying you opt out. Opting out doesn't affect any other part of these Terms.
17. Export and sanctions
#You will comply with US export control and sanctions laws. You may not use the Services in, or for the benefit of, a country or person subject to US embargoes or sanctions, or for any purpose those laws prohibit.
18. Copyright complaints
#If you believe content on the Services infringes your copyright, send a notice to [email protected] or our mailing address with: your contact details; the work you believe is infringed; the material and where to find it; a statement that you believe in good faith the use is unauthorized; a statement, under penalty of perjury, that your notice is accurate and you are authorized to act; and your physical or electronic signature. We may remove material and close the accounts of repeat infringers.
19. General terms
#These Terms and the Privacy Policy are the entire agreement between you and FullsendAI about the Services. You may not assign them without our consent; we may assign them in a merger, acquisition or sale of assets. If a provision is unenforceable, the rest remains in effect. Our failure to enforce a provision is not a waiver. We are not liable for delays or failures caused by events beyond our reasonable control. We may send you notices by email or in the Services; you may send notices to us at the addresses below. Nothing in these Terms creates a partnership, employment or agency relationship.
20. Contact us
#Questions about these Terms: [email protected], or by mail:
Molly AI Inc.
8 The Green, Suite 100
Dover, DE 19901-3618
United States