Terms of Service

These Terms of Service (the "Terms") govern access to and use of the FCB.ai website located at fcb.ai (the "Website") and the products, services, applications, integrations and platforms provided by FCB.ai (collectively, the "Services"). By accessing the Website or using the Services, you agree to be bound by these Terms. If you do not agree, do not access the Website or use the Services.

The Website and Services are provided by:

FCB.ai provides conversational AI, automation, chatbot, and related technology services, including — but not limited to — integrations with third-party messaging platforms such as WhatsApp Business, and interfaces to customer data systems. The scope of Services provided to any specific client is defined in a separate written agreement between FCB.ai and that client.

The Website itself is provided for informational and marketing purposes. Nothing on the Website constitutes an offer or binding commitment in the absence of a signed agreement.

The Services are intended for use by businesses and individuals aged 18 or older with the legal capacity to enter into a contract. Where access to a client account or portal is provided, you are responsible for maintaining the confidentiality of your credentials and for all activity that occurs under your account.

You agree not to:

• Use the Services in violation of any applicable law or regulation, including data-protection, consumer-protection, telecommunications, and anti-spam laws
• Use the Services to send unsolicited commercial messages or to circumvent the messaging policies of any third-party platform (including Meta's WhatsApp Business Messaging Policy)
• Attempt to gain unauthorised access to, disrupt, or interfere with the Services, Website, or supporting infrastructure
• Reverse-engineer, decompile, or attempt to derive source code from any part of the Services except to the extent expressly permitted by law
• Use the Services to store or transmit malicious code, infringing content, or content that is defamatory, harassing, or unlawful
• Resell, sublicense, or otherwise commercially exploit the Services without prior written authorisation

All rights, title and interest in and to the Website, the Services, the FCB.ai brand and marks, and all associated source code, models, documentation and materials (excluding data submitted by clients or end users) are and remain the exclusive property of Peach Bots S.A. or its licensors. Nothing in these Terms grants you any right, title, or interest in such intellectual property except the limited right to use the Services as expressly permitted.

Client data and end-user data processed through the Services remain the property of the client. FCB.ai processes such data solely as a Data Processor in accordance with the applicable client agreement and the Privacy Policy.

The Services integrate with third-party platforms including, without limitation, WhatsApp Business Platform (operated by Meta Platforms Ireland Limited), SMS providers, CRM systems, and cloud infrastructure providers. Your use of such third-party platforms is governed by the terms and policies of those third parties, and FCB.ai is not responsible for those platforms' availability, performance, or content.

FCB.ai's collection, use, and processing of personal data is described in the Privacy Policy, which forms part of these Terms. If you would like to request deletion of data associated with you, please refer to the Data Deletion Instructions.

The Website and Services are provided on an "as is" and "as available" basis. To the maximum extent permitted by applicable law, FCB.ai disclaims all warranties, express or implied, including — without limitation — implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranty arising from course of dealing or usage of trade.

FCB.ai does not warrant that the Website or Services will be uninterrupted, secure, or free of errors, viruses, or other harmful components, or that any content or output produced by AI models will be accurate, complete, or suitable for any particular purpose. Any reliance on AI-generated output is at your own risk.

To the maximum extent permitted by applicable law, in no event shall FCB.ai, its affiliates, officers, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or business opportunities, arising from or in connection with your use of the Website or Services, even if FCB.ai has been advised of the possibility of such damages.

FCB.ai's aggregate liability arising out of or in connection with these Terms shall not exceed the greater of (i) the amount actually paid by you to FCB.ai for the Services in the twelve months preceding the event giving rise to the claim, or (ii) one hundred euros (EUR 100). Nothing in these Terms limits liability for gross negligence, wilful misconduct, or any liability that cannot be excluded or limited under applicable law.

You agree to indemnify, defend, and hold harmless FCB.ai, Peach Bots S.A., and their respective affiliates, officers, employees, and agents from and against any claims, liabilities, damages, losses, and expenses (including reasonable legal fees) arising out of or in connection with your use of the Services in breach of these Terms or in violation of applicable law.

FCB.ai may suspend or terminate your access to the Website or Services at any time, with or without notice, if it reasonably believes that you have breached these Terms, that continued access poses a security, legal, or reputational risk, or that suspension is required by applicable law or by a third-party platform provider.

These Terms are governed by the laws of the Grand Duchy of Luxembourg, without regard to its conflict of laws principles. The courts of Luxembourg City shall have exclusive jurisdiction over any dispute arising from or in connection with these Terms or your use of the Services, without prejudice to any mandatory consumer-protection rights available to you in your country of residence.

FCB.ai may modify these Terms from time to time. The revised Terms will be posted on this page with an updated "Last updated" date and take effect from the date of publication. Your continued use of the Website or Services after publication constitutes acceptance of the revised Terms.

For any question about these Terms, please contact legal@fcb.ai.