Terms of Service

1. Agreement to these terms

These Terms of Service (“Terms”) are an agreement between you and Funky Technologies, Inc. (“Funky,” “we,” “us,” or “our”). By accessing or using our websites, cloud platform, APIs, documentation, and related services (collectively, the “Services”), you agree to these Terms and our Privacy Policy.

If you use the Services on behalf of an organization, you represent that you have authority to bind that organization. In that case, “you” includes the organization. If you do not agree to these Terms, do not use the Services.

2. Eligibility and accounts

You must be at least 18 years old and legally able to enter into a contract to use the Services. You must provide accurate account information, keep it current, and protect your passwords, API keys, and other credentials. You are responsible for activity under your account and for promptly notifying us of suspected unauthorized access.

Organization owners and administrators may manage access to organization resources, projects, members, and content. Your organization may restrict or terminate your access to an organization-managed account.

3. The Services

Funky provides infrastructure for creating and operating AI agents, environments, and durable sessions. We may add, change, or discontinue features over time. We will try to provide reasonable notice before a material discontinuation when practicable.

We may offer preview, beta, evaluation, or early-access features. Those features may be changed or withdrawn at any time and are provided without service-level commitments unless we agree otherwise in writing.

4. Acceptable use

You may not use the Services to:

• violate any law, regulation, or third-party right;
• gain unauthorized access to accounts, systems, networks, or data, or conduct security testing without the system owner's express permission;
• develop, distribute, or deploy malware, credential theft, phishing, spam, or other harmful or deceptive activity;
• interfere with the Services, evade limits or safeguards, probe for vulnerabilities in Funky's systems without authorization, or impose an unreasonable load;
• use the Services to make high-impact decisions about a person without appropriate human review and any notices, consents, and safeguards required by law;
• infringe intellectual property, privacy, publicity, or other rights; or
• resell or provide the Services to third parties except through functionality or a written agreement that expressly permits it.

Authorized cybersecurity research and testing is permitted only for systems you own or have explicit permission to test, and must remain within that authorization.

5. Customer Content

“Customer Content” means prompts, messages, code, files, agent definitions, environment configuration, tool inputs and outputs, and other material you submit to or generate through the Services. As between you and Funky, you retain your rights in Customer Content.

You grant Funky a worldwide, non-exclusive, limited license to host, copy, process, transmit, display, and otherwise use Customer Content only as needed to provide, secure, support, and improve the Services, comply with law, and enforce these Terms. This license ends when the content is deleted from our systems, except to the extent it remains in limited backups or must be retained by law.

You represent that you have all rights and permissions needed for Funky and its service providers to process Customer Content as described in these Terms and the Privacy Policy. Do not submit sensitive personal data, regulated data, or confidential information unless your use of the Services and your agreement with Funky expressly support that data.

6. AI models and output

The Services may use third-party AI models to generate responses, code, or other output (“Output”). AI-generated Output may be inaccurate, incomplete, offensive, or unsuitable for your purpose. You are responsible for reviewing Output and deciding whether and how to use it. Do not rely on Output as a substitute for professional advice or human judgment in high-stakes situations.

As between you and Funky, and to the extent permitted by law, you own Output generated for you. Output may not be unique, and other users may receive similar output. Funky does not represent that Output is protectable, non-infringing, or fit for a particular use.

7. Third-party services

The Services may depend on or connect to third-party products, models, sandboxes, websites, integrations, or network destinations. Your use of a third-party service may be governed by its own terms and privacy policy. Funky is not responsible for third-party services or for content or data you direct the Services to send to them.

8. Fees and taxes

Some features may require payment. If you purchase a paid plan, you agree to the pricing, usage limits, billing cycle, and other terms shown at purchase or in an order form. Fees are non-refundable except as required by law or expressly stated in writing. You are responsible for applicable taxes, excluding taxes based on Funky's net income.

9. Intellectual property

Funky and its licensors own the Services, including the software, interfaces, designs, documentation, trademarks, and other materials we provide, excluding Customer Content and third-party components. Subject to these Terms, Funky grants you a limited, non-exclusive, non-transferable, revocable right to use the Services during the term.

If you provide feedback, you grant Funky a perpetual, worldwide, irrevocable, royalty-free license to use it without restriction or compensation. Open-source components are governed by their applicable licenses.

10. Suspension and termination

You may stop using the Services at any time. We may suspend or terminate access if you materially breach these Terms, create security or legal risk, fail to pay amounts due, or use the Services in a way that could harm Funky, the Services, or others. Where practicable, we will provide notice and an opportunity to cure.

Upon termination, your right to use the Services ends. Sections that by their nature should survive will survive, including provisions on ownership, disclaimers, liability, indemnification, and general terms. We may delete Customer Content after termination in accordance with our Privacy Policy and retention practices.

11. Disclaimers

TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE SERVICES AND OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE.” FUNKY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND ANY WARRANTY THAT THE SERVICES WILL BE UNINTERRUPTED, ACCURATE, SECURE, OR ERROR-FREE.

12. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNKY AND ITS AFFILIATES, OFFICERS, EMPLOYEES, AGENTS, AND LICENSORS WILL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR LOST PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS INTERRUPTION, EVEN IF ADVISED OF THE POSSIBILITY.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUNKY'S TOTAL LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS WILL NOT EXCEED THE GREATER OF $100 OR THE AMOUNT YOU PAID FUNKY FOR THE SERVICES IN THE 12 MONTHS BEFORE THE EVENT GIVING RISE TO LIABILITY.

These limitations apply to the fullest extent permitted by law. Some jurisdictions do not allow certain limitations, so parts of this section may not apply to you.

13. Indemnification

To the extent permitted by law, you will defend, indemnify, and hold harmless Funky and its affiliates, officers, employees, and agents from claims, damages, losses, and expenses (including reasonable legal fees) arising from your Customer Content, your use of the Services, or your violation of these Terms or applicable law.

14. Governing law and disputes

These Terms are governed by the laws of the State of California, without regard to conflict-of-laws principles. Any dispute arising from these Terms or the Services will be brought exclusively in the state or federal courts located in San Francisco County, California, and each party consents to their jurisdiction and venue.

15. General terms

You may not assign these Terms without our prior written consent. We may assign them in connection with a merger, acquisition, reorganization, or sale of assets. These Terms, together with any order form or other agreement that expressly incorporates them, constitute the entire agreement about the Services and supersede prior discussions on that subject. If a provision is unenforceable, the remaining provisions remain in effect. A failure to enforce a provision is not a waiver.

You must comply with applicable export-control, sanctions, and trade laws. The Services may not be used in or for the benefit of prohibited jurisdictions or parties.

16. Changes to these terms

We may update these Terms from time to time. We will post the updated Terms on this page and revise the “Last updated” date. If a change is material, we will provide reasonable notice. Your continued use of the Services after the updated Terms take effect constitutes acceptance.

17. Contact

Questions about these Terms may be sent to support@funky.dev.