1. Definitions
Authorized Users: individuals permitted by Customer to use the Service under Customer’s account.
Customer Content: data, text, files, configurations, prompts, logs, and other information submitted to the Service by or on behalf of Customer, including data obtained from connected integrations.
Output: content produced by the Service (including AI-generated recommendations, summaries, or code suggestions).
Subscription: the paid plan associated with Customer’s account (monthly or annual), including any add-ons.
Integrations: third-party services connected to the Service (e.g., cloud providers, code hosting, ticketing, monitoring) via OAuth, API keys, tokens, webhooks, or similar means.
2. Account registration and security
2.1 Account information. Customer must provide accurate and up-to-date account information.
2.2 Responsibility for users. Customer is responsible for all actions taken by Authorized Users and for ensuring they comply with these Terms.
2.3 Credential security. Customer is responsible for safeguarding login credentials, API keys, access tokens, and integration credentials.
2.4 Unauthorized access. Customer must notify us promptly at security@finkyagents.ai or support@finkyagents.ai if it suspects unauthorized access.
Notes:
Misuse or illegal activity will result in immediate account action
Use tools only for ethical, constructive development
Age. If you are under 18 years of age (or the age of legal majority where you live), you may not use our Services
Authorization. If you register, access or use our Services on behalf of another person or entity, (i) all references to “you” throughout these Terms (other than in this Section 1(a)) will include that person or entity, (ii) you represent that you are authorized to enter into these Terms on that person’s or entity’s behalf, and (iii) in the event you or that person or entity violates these Terms, that person or entity also agrees to be responsible to us. If you are an entity using any Services pursuant to these Terms, you are responsible for your employees’ and representatives’ use of the Services, including ensuring they comply with these Terms.
Never share passwords or editor access with others
Report unauthorized activity immediately for security
Use Restrictions. Your access to and use of the Services and your use of any Output (defined below) must comply with these Terms. Without limiting the forgoing: (i) if you access or use our Services free of charge (such a user, a “FreeUser”), you may only use the Services for non-commercial purpose; (ii) if you access or use our Services through a paid subscription plan (such a user, a “PaidUser”), you may use the Services for commercial purposes, but in either case, your access and use of the Services and any Output must still comply with the Prohibited Use Policy.
3. License and acceptable use
3.1 License. Subject to these Terms and payment of applicable fees, we grant Customer a limited, non-exclusive, non-transferable right for Authorized Users to access and use the Service during the Subscription term for Customer’s internal business purposes.
3.2 Restrictions. Customer will not (and will not allow others to):reverse engineer, decompile, or attempt to discover source code (except to the extent permitted by mandatory law);bypass or interfere with security features, authentication, rate limits, access controls, or usage limits;use the Service to develop or train competing products;scrape or harvest data from the Service except as explicitly permitted;upload, transmit, or store malware, or use the Service for phishing, spam, or other harmful activities;conduct penetration testing, vulnerability scanning, or benchmarking without prior written consent;use the Service in violation of applicable law (including sanctions/export laws).
3.3 No public publishing/sharing. The Service is intended for internal business use. Customer must not use the Service to publish or share content publicly. If the Service provides sharing/export features, Customer must restrict access to authorized recipients and must not create public links or public dissemination.
4. Integrations (third-party services)
4.1 Customer control. Integrations are enabled at Customer’s choice. Customer is responsible for selecting integrations and ensuring it has rights/permissions to connect them.
4.2 Access scope and permissions. When Customer connects an integration, Customer authorizes the Service to access and process data from that integration according to the permissions (scopes) granted. Customer is responsible for reviewing and limiting scopes to what is needed.
4.3 Third-party terms. Integrations are provided by third parties and are subject to their terms and policies. We are not responsible for third-party services, their availability, or their security practices.
4.4 Tokens and secrets. Customer is responsible for managing, rotating, and revoking integration tokens/keys. Customer should immediately revoke access if it suspects compromise. We may disable or revoke integration connections to protect security or comply with law.
4.5 API limits and throttling. Some integrations impose rate limits and usage policies. The Service may throttle, queue, or fail requests to comply with third-party limits.
5. Customer Content
5.1 Ownership. Customer retains all rights in Customer Content.
5.2 License to operate. Customer grants Provider a limited license to host, process, transmit, and display Customer Content only as necessary to provide, secure, and support the Service and as permitted by the Privacy Policy and (if applicable) the DPA.
5.3 Customer responsibility. Customer is responsible for Customer Content, including legality, accuracy, and ensuring it has all rights/permissions required to provide Customer Content to us and to enable the Service to process it.
Notes:
Your code is never used to train AI models
You own all uploaded and generated content
Customer retains ownership of Customer Content
Customer grants Devs Adam Kielar a limited license to host/process it only to provide the service
6. AI features and Output
6.1 Output is not guaranteed. Output may be incomplete, inaccurate, or unsuitable. Customer must review, test, and validate Output before using it in production.
6.2 No professional advice. The Service does not provide legal, financial, or professional advice. Output is for informational purposes only.
6.3 Customer responsibility. Customer is solely responsible for decisions and actions taken based on Output, including security hardening, compliance, change management, approvals, and any remediation actions executed using the Service.
6.4 Training on Customer Content. We do not use Customer Content to train or improve generalized AI models unless Customer explicitly opts in (for example, via an admin setting or written agreement). We may use aggregated service telemetry and performance metrics to improve reliability and functionality.
7. Fees, billing, renewals, and taxes (monthly/annual)
7.1 Plans and pricing. Plan features, limits, and pricing are described at [pricing URL] or during checkout.
7.2 Billing cycles.Monthly Subscription: billed monthly in advance.Annual Subscription: billed annually in advance.
7.3 Auto-renewal. Subscriptions renew automatically for the same term (monthly or annual) unless Customer cancels before the renewal date via the Service settings or by contacting support.
7.4 Payment processor. Payments are processed by Stripe. Customer authorizes Stripe (and us) to charge the selected payment method for subscription fees, add-ons, taxes, and applicable adjustments.
7.5 Taxes. Fees are exclusive of taxes unless stated otherwise. Customer is responsible for applicable taxes (including VAT) except where we are legally required to collect them.
7.6 Upgrades, downgrades, and proration.Upgrades may take effect immediately and may be charged on a prorated basis.Downgrades typically take effect at the end of the current billing period, unless stated otherwise in-app.(You should ensure your product behavior matches this clause.)
7.7 Late or failed payments. If payment fails or becomes overdue, we may suspend access after reasonable notice. We may charge reasonable costs related to collection where permitted.
7.8 Refunds. Fees are non-refundable except where required by mandatory law or as stated in a published refund policy: “no refunds”.
8. Support, changes, and availability
8.1 Support. Support channels are available at https://finkyagents.ai.
8.2 Changes to the Service. We may modify or discontinue features. We will use reasonable efforts to provide advance notice of material changes where practicable.
8.3 Availability. The Service is provided “as available.” Maintenance and downtime may occur.
9. Confidentiality
9.1 Confidential Information. “Confidential Information” includes non-public business, technical, and product information disclosed by one party to the other.
9.2 Obligations. The receiving party will protect Confidential Information using reasonable care and will use it only as necessary to perform under these Terms.
9.3 Exclusions. Confidential Information does not include information that is public, independently developed, rightfully obtained without confidentiality obligations, or required to be disclosed by law (with notice where legally permitted).
10. Privacy and data protection
Our processing of personal data is described in our Privacy Policy: https://finkyagents.ai/privacy-policy.
Where we process personal data in Customer Content on Customer’s behalf, our Data Processing Addendum (DPA) applies: “available on request”.
11. Intellectual property
11.1 Provider IP. We retain all rights in and to the Service, including software, workflows, and underlying technology (excluding Customer Content).
11.2 Feedback. If Customer provides feedback or suggestions, Customer grants us a perpetual, irrevocable, royalty-free right to use and incorporate it into the Service without restriction.
12. Suspension and termination
12.1 Suspension. We may suspend access immediately if we reasonably believe the Service is being used unlawfully, to threaten security, or in material breach of these Terms.
12.2 Termination by Customer. Customer may cancel its Subscription at any time. Cancellation will take effect at the end of the current billing period unless we state otherwise during cancellation.
12.3 Termination by Provider. We may terminate for material breach not cured within 30 days after written notice (or immediately for serious security/legal issues).
12.4 Effect of termination. Upon termination, Customer’s right to use the Service ends. We will make Customer Content available for export for 30 days (if technically feasible), after which we may delete it consistent with our Privacy Policy/DPA and applicable law.
13. Warranties disclaimer
To the maximum extent permitted by law, the Service is provided “as is” and “as available.” We disclaim all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. We do not warrant that Output will be correct, complete, or error-free.
14. Limitation of liability
14.1 Exclusion of indirect damages. To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or punitive damages, or for loss of profits, revenue, goodwill, or data, even if advised of the possibility.
14.2 Liability cap. To the maximum extent permitted by law, Provider’s total liability arising out of or related to the Service will not exceed the fees paid by Customer for the Service in the 12 months preceding the event giving rise to the claim.
14.3 Exceptions. These limitations do not apply to liability that cannot be excluded or limited under mandatory law.
15. Indemnification
Customer will indemnify and hold Provider harmless from claims, damages, liabilities, and expenses arising from:
(a) Customer Content,
(b) Customer’s or Authorized Users’ misuse of the Service, or
(c) Customer’s violation of law or third-party rights.
16. Compliance and export
Customer will comply with applicable laws, including export control and sanctions laws, and will not use the Service in prohibited jurisdictions or for prohibited uses.
17. Force majeure
Neither party is liable for failure or delay due to events beyond reasonable control (e.g., cloud provider outages, internet failures, natural disasters, war, governmental actions).
18. Governing law and venue
These Terms are governed by the laws of Poland (excluding conflict-of-law rules). Courts with jurisdiction in Wroclaw, Poland will have exclusive jurisdiction, unless mandatory law provides otherwise.
19. Miscellaneous
Assignment. Customer may not assign these Terms without our consent. We may assign in connection with a merger, acquisition, or sale of assets.
Severability. If any provision is unenforceable, the rest remains effective.
Entire agreement. These Terms, plus any order details and referenced policies (Privacy Policy, Cookie Policy, DPA, Refund Policy), form the entire agreement.
Customer approvals. Customer is responsible for configuring approvals and confirming actions before execution. Provider is not responsible for changes made in Customer’s systems resulting from Customer’s authorization.
Final Note:
By signing up or using FinkyAgents, you agree to abide by these terms. If you do not agree, please do not use the platform.
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