Terms of Service

1. Description of the Service

FynIA lets businesses automate customer conversations using AI. The Service connects to your own WhatsApp Business Account through Meta's WhatsApp Business Platform (Cloud API), and optionally to Instagram Direct, Messenger, and SMS, to send and receive messages, generate AI-assisted replies, and route conversations to your team.

The Service depends on Meta Platforms, Inc. ("Meta") and other third-party providers. We do not control, and are not responsible for, the availability, features, or policies of Meta's platforms or any other third-party service the Service connects to.

2. Eligibility and Account Registration

You must be at least 18 years old and able to form a binding contract to use the Service. You may create an account using email and password, or by signing in through a supported identity provider (Google, GitHub, GitLab, or your organization's Single Sign-On). You are responsible for maintaining the confidentiality of your credentials and for all activity under your account.

You must provide accurate registration information and keep it up to date. You are responsible for any WhatsApp Business Account, Meta Business Portfolio, or other third-party account you connect to FynIA, and for maintaining your own good standing with those platforms.

3. Your WhatsApp Business Account and Meta's Policies

To use FynIA's WhatsApp features, you must connect a verified WhatsApp Business Account and authorize FynIA, through Meta's official APIs, to send and receive messages, message templates, and media on your behalf.

Your use of WhatsApp, Instagram, and Messenger through FynIA is also governed by Meta's own terms, including the WhatsApp Business Solution Terms, the WhatsApp Business Messaging Policy, and the Meta Platform Terms. You are responsible for complying with those policies — including rules on opt-in consent, message templates, session windows, and prohibited content — independently of these Terms. FynIA may suspend or restrict messaging features if Meta restricts, suspends, or terminates access to your connected account for any reason, including reasons outside our control.

You are solely responsible for obtaining proper consent from your end customers before messaging them through any connected channel.

4. Acceptable Use

You agree not to use the Service to: send unsolicited bulk messages or spam; message recipients who have not opted in; distribute illegal, deceptive, or harmful content; impersonate any person or business; attempt to circumvent Meta's or any provider's rate limits, security measures, or policies; or use the Service in any way that could damage, disable, or impair FynIA or any connected platform.

We may suspend or terminate accounts that violate this section, WhatsApp's Business Messaging Policy, or applicable law, with or without notice.

5. AI Features

FynIA uses artificial intelligence to draft, suggest, or automatically send replies based on incoming message content. AI-generated messages may be inaccurate or inappropriate in some situations; you are responsible for reviewing your automation configuration and for the messages sent on your behalf.

Message content you route through AI features may be processed by third-party AI providers acting as our sub-processors, solely to generate the requested output. We do not use your message content to train general-purpose AI models.

6. Fees and Billing

Paid plans are billed in advance on a subscription basis as described at checkout. Fees are exclusive of taxes unless stated otherwise. Subscriptions renew automatically until cancelled. You are also responsible for any messaging fees charged directly by Meta or other channel providers for template messages or conversations, which are separate from your FynIA subscription.

Except where required by law, fees are non-refundable. We may change our prices with at least 30 days' notice; continued use after a price change takes effect constitutes acceptance.

7. Third-Party Services

The Service integrates with Meta (WhatsApp, Instagram, Messenger), Google, GitHub, GitLab, and other third-party providers. Your use of these integrations is subject to each provider's own terms and privacy policies. We are not liable for any act, omission, outage, policy change, or data practice of a third-party provider.

8. Intellectual Property

FynIA and its licensors own all right, title, and interest in the Service, including its software, design, and trademarks. Subject to these Terms, we grant you a limited, non-exclusive, non-transferable license to access and use the Service for your internal business purposes.

You retain all rights to the content and data you submit to the Service ("Customer Data"), including your customers' message content. You grant us a limited license to process Customer Data solely to provide and improve the Service, as described in our Privacy Policy.

9. Term and Termination

You may cancel your account at any time from your account settings. We may suspend or terminate your access to the Service if you breach these Terms, if required by Meta or another platform provider, or if we discontinue the Service, with reasonable notice where practicable.

Upon termination, your right to use the Service ends immediately. We may delete your account data after a reasonable period, subject to our data retention obligations described in the Privacy Policy.

10. Disclaimers and Limitation of Liability

The Service is provided "as is" and "as available," without warranties of any kind, express or implied. We do not guarantee that the Service, or any third-party platform it connects to, will be uninterrupted, error-free, or continuously available.

To the maximum extent permitted by law, FynIA will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising from your use of the Service or any connected third-party platform, even if advised of the possibility of such damages. Our total liability for any claim arising from these Terms will not exceed the amount you paid us in the 12 months preceding the claim.

11. Indemnification

You agree to indemnify and hold FynIA harmless from any claims, damages, or expenses (including reasonable legal fees) arising from your use of the Service, your violation of these Terms, your violation of Meta's or another provider's policies, or the content of messages you send through the Service.

12. Governing Law and Disputes

These Terms are governed by the laws of your company's place of incorporation, without regard to conflict-of-law principles, unless a different governing law is specified in an order form. Any disputes will be resolved in the courts of competent jurisdiction in that location, and both parties consent to that jurisdiction.

13. Changes to These Terms

We may update these Terms from time to time. If we make material changes, we will notify you by email or through the Service before the changes take effect. Continued use of the Service after changes take effect constitutes acceptance of the updated Terms.

14. Contact

Questions about these Terms can be sent to legal@fynia.com.