Terms of Service

Last updated: May 16, 2025

Fran AI LLC

United States of America

Legal contact

[email protected]

Definitions

In these Terms, «Fran AI», «we», or «our» refers to Fran AI LLC (United States). «Client», «you», or «your» refers to the individual or entity that accesses or uses any of our products, applications, API, or services («Services»).

The term «Content» encompasses all data, prompts, files, instructions, conversations, metadata, and any other information that you upload, transmit, or generate through the Services. «Models» include artificial intelligence algorithms, neural networks, machine learning systems, and any derivative technology that we develop or deploy.

1. Acceptance of Agreement

By accessing or using the Services, you declare that you are of legal age according to the laws of your jurisdiction, have read, understood, and accepted these Terms, our Privacy Policy, and any commercial document signed between you and Fran AI LLC (the «Agreement»). If you act on behalf of an organization, you declare that you have the authority to bind such entity. If you do not agree with any provision, you must immediately cease using the Services.

2. Nature of Services and AI Disclaimer

You expressly acknowledge that you are interacting with an autonomous Artificial Intelligence agent capable of:

  • Executing code, scripts, and commands on local and remote systems
  • Controlling web browsers and performing automated actions on the internet
  • Accessing, processing, and modifying files on connected devices
  • Deploying applications, services, and processes on local or cloud infrastructures
  • Interacting with APIs, databases, and third-party systems according to provided credentials
  • Making autonomous decisions within the parameters and limitations you establish

Fran AI uses language, vision, audio, and other models that continuously learn and improvefrom the Content provided. These models are probabilistic by nature and may produce errors, inaccuracies, biases, or unexpected behaviors. We do not guarantee that the output will always be truthful, complete, accurate, safe, or suitable for a specific purpose.

⚠️ User Responsibility: You are solely responsible for supervising, verifying, and approving all actions performed by the agent before their final execution or public disclosure.

3. Content License and Model Training

You retain all intellectual property rights over the original Content you provide. However, by using the Services, you grant us a worldwide, irrevocable, sublicensable, and royalty-free license to:

  1. Operational processing: Store, transform, execute, reproduce, and distribute such Content to provide the requested Services
  2. Model training: Train, fine-tune, evaluate, and improve our proprietary Models, both local and cloud-based, as well as future derivative models
  3. Flexible infrastructure: Deploy such Models on local infrastructures, edge devices, private networks, public or hybrid clouds, according to our technical, security, and efficiency criteria
  4. Analysis and improvement: Generate aggregated, anonymized Usage Data and statistics for research, product development, security, and performance optimization purposes
  5. Regulatory compliance: Use the Content to comply with applicable legal, regulatory, or security obligations

You declare and warrant that you have all necessary permissions, licenses, consents, and legal bases to share the Content, including any personal information of third parties. You also grant Fran AI the ability to store and process such Content in any jurisdiction where we operate directly or through our service providers.

4. Privacy and Data Protection

We are committed to protecting your personal information in accordance with our Privacy Policy and applicable data protection laws. By using the Services, you agree that part of the Content—including personally identifiable information— may be transferred, stored, and processed outside your country of residence, including in the United States and other countries where we operate or where our service providers are located.

If you provide personal data of third parties (employees, customers, contacts, etc.), you declare that you have obtained the corresponding consent or have another valid legal basis for its processing. You will be responsible for informing such third parties about the use of their data according to these Terms.

We implement appropriate technical and organizational measures to protect the Content against unauthorized access, alteration, disclosure, or destruction. However, no system is completely secure, and we cannot guarantee absolute security.

5. Access, Credentials, and Security

  • You must maintain strict confidentiality of your access credentials and are fully responsible for all use made with them
  • You must notify us immediately if you suspect unauthorized access or compromise of your account
  • You must not attempt to breach, scan, test the security of the Systems, or interfere with their proper functioning
  • The use of social engineering techniques, phishing, or any method to obtain unauthorized access is prohibited
  • We may suspend or limit your access if we detect suspicious activity, anomalous usage patterns, breach of these Terms, or risks to security

If you grant the agent access to third-party systems, accounts, or resources, it is your responsibility to ensure that you have the corresponding authorization and that you comply with the terms of service of such third parties.

6. Permitted Use and Prohibited Use

The Services are designed for legitimate personal, educational, professional, and business assistance. It is strictly prohibited to use them for illegal, harmful, deceptive, or unauthorized purposes, including without limitation:

Criminal Activities

  • • Child exploitation or abusive content
  • • Generation or distribution of malware
  • • Fraud, scams, or illicit financial activities
  • • Trafficking of illegal substances or goods

Interference and Manipulation

  • • Electoral interference or political disinformation
  • • Reverse engineering of our Models
  • • Identity theft or malicious deepfakes
  • • Mass spam or manipulation campaigns

We reserve the right to investigate reported violations and cooperate with competent authorities when required by law.

7. Plans, Billing, and Cancellations

Some Services require subscription to paid plans. Charges are processed in advance according to the selected cycle (monthly, quarterly, annual), and your plan renews automatically unless you cancel it before the renewal date.

Fees may be modified with at least 30 days' notice. If you do not agree with the new prices, you may cancel your subscription before they take effect. Except where the law expressly requires it, payments made are non-refundable, but you will maintain access until the end of the billed period.

Excessive use of computational resources may result in temporary limitations or additional charges, of which you will be notified in a timely manner.

8. Intellectual Property

Except for the licenses granted in Section 3, all rights, titles, and interests in the Models, software, algorithms, interfaces, documentation, know-how, and other technology belong exclusively to Fran AI LLC or our licensors. No intellectual property ownership is transferred to the Client. Improvements, derivations, or customization of the Models made based on your Content will remain the property of Fran AI LLC.

9. Warranties and Limitation of Liability

The Services are provided «as is» and «as available», without warranties of any kind. To the maximum extent permitted by applicable law, we disclaim all express or implied warranties, including but not limited to warranties of merchantability, fitness for a particular purpose, non-infringement, continuous availability, or error-free operation.

LIMITATION OF LIABILITY: Our total and aggregate liability for any claim arising from the Agreement will not exceed the amounts actually paid by you in the three (3) months prior to the event giving rise to liability, with a maximum of $1,000 USD.

In no event will we be liable for indirect, incidental, special, consequential, or punitive damages, including loss of profits, data, business opportunities, or reputation, regardless of the applicable legal theory.

10. Indemnification

You agree to indemnify, defend, and hold harmless Fran AI LLC, its affiliates, officers, employees, and agents from any claim, damage, loss, cost, or expense (including reasonable legal fees) arising from: (i) your use of the Services; (ii) your Content or actions taken by the agent based on your instructions; (iii) your breach of the Agreement; or (iv) your violation of third-party rights or applicable laws.

11. Suspension and Termination

Either party may terminate this Agreement at any time by written notice. Additionally, we may suspend or terminate your access immediately, without prior notice, in case of breach of these Terms, fraudulent activity, security risk, legal requirements, or cessation of operations. Upon termination, your access rights will cease, but payment obligations, indemnification, and liability limitations will remain in effect.

12. Applicable Law and Dispute Resolution

This Agreement will be governed and interpreted in accordance with the laws of the State of Delaware, United States, without regard to conflict of law principles. The parties submit to the exclusive jurisdiction of state and federal courts located in Delaware for any dispute not subject to arbitration.

Any controversy, claim, or dispute arising from or related to this Agreement (except disputes regarding intellectual property) will be resolved through binding arbitration, administered by the American Arbitration Association under its Commercial Arbitration Rules, with a single arbitrator, in English, in Wilmington, Delaware.

Consumers in the European Union retain the right to initiate proceedings before the courts of their member state of residence, in accordance with applicable European regulations.

© 2025 Fran AI LLC. All rights reserved.

Last updated: May 16, 2025 | Effective from: June 1, 2025