Terms of Use

1. Who We Are

Fay is an autonomous AI agent designed to act like a junior coworker, offloading complex and repetitive tasks so you can focus on higher-level work. Our core strengths include:

• Autonomous Task Execution: Fay works continuously to perform tasks as directed.

• Long-Term Task Management: Fay manages workflows over extended periods.

• Deep Integration: Fay seamlessly integrates with popular third-party tools (e.g., Greenhouse, HubSpot, Zendesk, Google Sheets) to carry out tasks.

• Probabilistic AI: As an AI, Fay’s outputs are generated based on probabilistic models and are not guaranteed to be perfect.

For more information about Fay, please visit our website at fay.work.

2. Registration and Access

Minimum Age and Eligibility

• Age Requirement: You must be at least 18 years old or the minimum legal age in your jurisdiction to use the Service.

• Authority: If you are registering on behalf of an organization, you represent that you have the legal authority to bind that organization to these Terms.

Account Registration

• Information Required: To access the Service, you must provide accurate and complete information, including your name and email address.

• Account Security: You are solely responsible for maintaining the confidentiality of your account credentials. You agree not to share your account or allow unauthorized access. Any activity under your account is your responsibility.

• Notification: If you suspect any unauthorized use of your account, please contact us immediately at support@fay.work.

3. Using Our Services

Permitted Uses

Subject to these Terms and all applicable laws, you may:

• Use the Service to automate complex, repetitive tasks.

• Direct Fay to integrate with your preferred third-party tools and systems.

• Leverage Fay as an extension of your team for routine operational tasks.

Prohibited Conduct

You agree not to:

• Use the Service for any unlawful, harmful, or abusive activities.

• Reverse engineer, decompile, or otherwise attempt to derive the source code or underlying algorithms of the Service.

• Circumvent, disable, or otherwise interfere with any security or operational features of the Service.

• Share your account credentials or allow unauthorized third parties to access the Service.

• Use the Service to generate or disseminate content that infringes upon the rights of others.

4. Content and Data

Your Content

• Definition: “Content” includes any input you provide to the Service (“Input”) as well as the corresponding output generated by Fay (“Output”).

• Ownership: You retain all rights to your Content. This includes both content you supply and the output generated by the Service.

• Responsibility: You are solely responsible for the accuracy, legality, and appropriateness of your Content. Fay’s role is to process and deliver task outputs as directed by you.

Similarity and Accuracy

Due to the nature of probabilistic AI:

• Non-Uniqueness: Output generated by Fay may not be unique, and similar or identical outputs may be generated for different users.

• Verification: You must verify the accuracy and suitability of any Output before relying on it. Fay does not guarantee that any Output will be free from error or appropriate for your particular purposes.

Use of Content for Improvement

Fay may use anonymized and aggregated Content for the purposes of improving the Service. If you do not wish for your Content to be used in this manner, please contact us at privacy@fay.work.

5. Payment, Billing, and Subscription

Service Model

Fay offers both free and premium features:

• Combination Model: Basic features are available at no cost. Premium features are offered on a subscription basis.

Billing Terms

• Payment: All fees are in U.S. dollars and are non-refundable except as required by law. You authorize Fay to charge your payment method for the applicable subscription fees.

• Trial Period: New users subscribing to the premium plan receive a 30-day free trial. After the trial, the premium subscription will automatically renew at the prevailing rate unless canceled in advance.

• Price Changes: We reserve the right to change pricing. We will provide at least 30 days’ notice before any material price changes take effect on your subscription.

6. Intellectual Property

Ownership of Service Materials

• Fay’s Property: All software, code, designs, documentation, and other materials provided by or incorporated into the Service (collectively, “Materials”) are the exclusive property of Fay or its licensors.

• Limited License: Subject to your compliance with these Terms, Fay grants you a limited, non-exclusive, non-transferable, revocable license to use the Service solely for your internal business purposes.

Use of Third-Party Materials

If the Service incorporates third-party software or services, those components are governed by their respective licenses and terms.

7. Disclaimer of Warranties and Limitation of Liability

Disclaimer of Warranties

• Service Provided “As Is”: The Service is provided on an “as is” and “as available” basis. Fay disclaims all warranties, express or implied, including but not limited to warranties of merchantability, fitness for a particular purpose, accuracy, and non-infringement.

• Probabilistic Nature: As an AI, Fay’s outputs are generated on a probabilistic basis. There is no guarantee of accuracy, completeness, or error-free performance.

• No Reliance: You agree that you will not rely solely on any output generated by the Service for critical decisions or actions.

Limitation of Liability

To the maximum extent permitted by law:

• No Liability: Fay, Inc., its affiliates, and its licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages arising out of your use of the Service.

• Cap on Liability: Our aggregate liability for any claim shall not exceed the greater of (a) the amount you paid for the Service in the 12 months preceding the claim or (b) US$100.

• Approval and Actions: Even if Fay seeks or obtains your approval before taking any action, you agree that Fay shall have no liability for any damages or losses incurred.

8. Indemnification

You agree to indemnify and hold harmless Fay, Inc., its affiliates, officers, employees, and agents from any claims, damages, losses, liabilities, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to:

• Your use of the Service.

• Any breach of these Terms by you.

• Any violation of applicable law or infringement of any third-party rights.

9. Termination and Suspension

Termination by You

• Voluntary Termination: You may stop using the Service at any time. To terminate your account, please notify us at support@fay.work.

Termination by Fay

• For Cause: We reserve the right to suspend or terminate your access to the Service immediately if you breach these Terms, if required by law, or if your use poses a risk to Fay or any third party.

• Effect of Termination: Upon termination, your right to access and use the Service ceases immediately, and you must delete any materials obtained from the Service. All outstanding payment obligations remain due.

10. Third-Party Integrations

Fay’s Service integrates with various third-party tools and services (e.g., Greenhouse, HubSpot, Zendesk, Google Sheets) solely under your explicit direction:

• User Control: Fay will only share or retrieve information from these third-party services when you instruct it to do so.

• Additional Data: In order to perform a task effectively, Fay may retrieve extra data if the task requires it; however, Fay will never access or modify data on its own initiative.

• Compliance: Fay is not responsible for any non-compliance or issues arising from your use of third-party services.

11. Dispute Resolution

Binding Arbitration

• Agreement to Arbitrate: You and Fay agree that any disputes arising out of or relating to these Terms or the Service shall be resolved through binding individual arbitration, rather than in court, except as provided below.

• Waiver of Jury Trial: By using the Service, you waive any right to a trial by jury or to participate in a class or representative action.

• Opt-Out: If you do not wish to resolve disputes via arbitration, you must notify us in writing at support@fay.work within 30 days of account creation or any changes to these terms. Failure to opt out constitutes your agreement to arbitrate.

Informal Dispute Resolution

Before initiating arbitration, both parties agree to attempt in good faith to resolve any dispute informally by contacting support@fay.work. If a resolution is not reached within 60 days, either party may initiate arbitration.

12. Updates to These Terms

We may update or modify these Terms from time to time to reflect changes in our practices, legal requirements, or technological advances. We will notify you via email or through an in-product notification at least 30 days prior to the effective date of any material changes. Your continued use of the Service after the effective date of the updated Terms constitutes your acceptance of those changes.

13. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the State of Delaware, without regard to its conflicts of laws principles. Our headquarters is located in Berkeley, CA. Any legal proceedings arising from these Terms or your use of the Service shall be exclusively brought in the appropriate state or federal courts located in California.

14. Miscellaneous

Entire Agreement.
These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and Fay regarding your use of the Service and supersede any prior or contemporaneous agreements.

Severability.
If any provision of these Terms is found to be invalid or unenforceable, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions will remain in full force and effect.

Assignment.
You may not assign or transfer your rights under these Terms without our prior written consent. Fay reserves the right to assign these Terms at its sole discretion.

Notices.
All notices or communications regarding these Terms should be sent to support@fay.work.

By using the Service, you acknowledge that you have read, understood, and agree to be bound by these Terms of Use. Thank you for choosing Fay as your trusted partner in automating complex, repetitive tasks.