End User License Agreement (EULA)

Last Updated: 28/10/2025

This End User License Agreement ("EULA" or "Agreement") is a legal agreement between you ("User," "Licensee," or "you") and Folyo (legal name Phanco, LLC) ("Company," "Licensor," "we," or "us") governing your use of the [Product Name] AI workspace software platform, including the application, website interface, APIs, and related services (collectively, the "Software"). By installing, accessing, or using the Software, you agree to be bound by the terms of this EULA.

READ THIS AGREEMENT CAREFULLY BEFORE USING THE SOFTWARE. BY USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT, UNDERSTAND IT, AND AGREE TO BE BOUND BY ITS TERMS.

Important Arbitration Notice: If you are in the United States or Canada, you agree that disputes between you and Company will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration. See Section 16 for details and opt-out procedures.

1. Grant of License

1.1 Limited License

Subject to the terms and conditions of this EULA, Company grants you a limited, non-exclusive, non-transferable, revocable license to use the Software solely for your personal or internal business purposes. This license permits you to:

1.2 AI Workspace Access

The Software provides access to a unified workspace environment that integrates multiple artificial intelligence tools and models from various third-party providers ("AI Providers"). Your license includes access to:

1.3 Subscription Tiers

Different license tiers may provide varying levels of access:

1.4 Usage Credits and Limitations

Your license may include usage credits that determine your interaction limits with AI tools. Credits are allocated based on your subscription tier and reset periodically. Different AI tools consume varying amounts of credits based on computational requirements.

2. License Restrictions

2.1 Prohibited Uses

You may NOT:

2.2 Technical Restrictions

2.3 Content and Data Restrictions

3. Ownership and Intellectual Property

3.1 Software Ownership

Company retains all right, title, and interest in and to the Software, including all intellectual property rights. The Software is licensed, not sold. This EULA does not grant you ownership rights in the Software.

3.2 AI Provider Rights

Third-party AI Providers retain ownership of their respective AI models, algorithms, and technologies. Your access to these tools through the workspace does not grant ownership rights in the underlying AI systems.

3.3 User Content Rights

3.4 Usage Data

Company may collect and use anonymized usage data, analytics, and performance metrics to improve the Software, provided such data does not identify you personally.

4. Third-Party AI Providers

4.1 Third-Party Terms

Your use of AI tools through the workspace is subject to the terms of service and usage policies of the respective AI Providers. Company will provide notice of applicable third-party terms, and you agree to comply with all such terms.

4.2 Provider Changes

AI Providers may modify, restrict, or discontinue their services at any time. Company acts as an intermediary and is not responsible for AI Provider decisions, performance, or availability.

4.3 Direct Relationships

Some AI tools may require you to establish direct relationships with AI Providers. Company facilitates access but is not a party to such relationships.

5. Subscription and Payment Terms

5.1 Subscription Fees

Use of premium features requires payment of subscription fees. All fees are:

5.2 Automatic Renewal

Subscriptions automatically renew for successive periods unless cancelled at least 24 hours before renewal. You may cancel through your account settings or by contacting support.

5.3 Usage-Based Charges

Some AI tools may incur additional charges based on usage volume or computational requirements. Such charges will be clearly disclosed before use.

5.4 Payment Processing

Payments are processed by third-party payment processors. You agree to their terms and acknowledge that Company is not responsible for payment processing issues.

6. Software Updates and Modifications

6.1 Updates

Company may provide updates, patches, or new versions of the Software. Updates may be installed automatically or require user action. Continued use of the Software constitutes acceptance of updates.

6.2 Feature Changes

Company may add, modify, or remove features, including AI tool availability, at any time. Material changes will be communicated through the Software or via email.

6.3 Beta Features

The Software may include beta or experimental features clearly marked as such. Beta features are provided "as-is" without warranty and may be discontinued at any time.

7. Privacy and Data Protection

7.1 Privacy Policy

Your privacy is governed by our Privacy Policy, incorporated by reference into this EULA. Please review the Privacy Policy to understand how we collect, use, and protect your information.

7.2 Data Processing

By using the Software, you consent to the processing of your data as described in the Privacy Policy and as necessary to provide the AI workspace services.

7.3 AI Provider Data Sharing

AI tools may require sharing your inputs with third-party AI Providers. We will disclose such data sharing and you consent to such sharing when using applicable tools.

8. Disclaimers and Warranties

8.1 Software Warranty Disclaimer

THE SOFTWARE IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND. COMPANY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. COMPANY DOES NOT WARRANT THAT THE SOFTWARE WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

8.2 AI Output Disclaimer

AI OUTPUTS ARE GENERATED BY THIRD-PARTY AI SYSTEMS AND MAY CONTAIN ERRORS, INACCURACIES, OR INAPPROPRIATE CONTENT. COMPANY DISCLAIMS ALL WARRANTIES REGARDING AI OUTPUTS. YOU USE AI OUTPUTS AT YOUR OWN RISK AND SHOULD VERIFY ACCURACY BEFORE RELYING ON THEM.

8.3 Third-Party Disclaimer

COMPANY IS NOT RESPONSIBLE FOR THIRD-PARTY AI PROVIDER PERFORMANCE, AVAILABILITY, OR CONTENT POLICIES. ALL THIRD-PARTY SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY.

9. Limitation of Liability

9.1 Liability Cap

TO THE MAXIMUM EXTENT PERMITTED BY LAW, COMPANY'S TOTAL LIABILITY TO YOU FOR ALL CLAIMS ARISING FROM OR RELATED TO THIS EULA OR THE SOFTWARE SHALL NOT EXCEED THE AMOUNT YOU PAID FOR THE SOFTWARE IN THE TWELVE (12) MONTHS PRECEDING THE CLAIM, OR $100, WHICHEVER IS GREATER.

9.2 Excluded Damages

IN NO EVENT SHALL COMPANY BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, DATA LOSS, OR BUSINESS INTERRUPTION, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

9.3 AI Provider Liability

Company is not liable for damages arising from third-party AI Provider actions, outputs, or service interruptions.

10. Indemnification

You agree to indemnify, defend, and hold harmless Company and its affiliates from any claims, damages, losses, or expenses (including attorney fees) arising from:

11. Term and Termination

11.1 Term

This EULA is effective until terminated by either party in accordance with its terms.

11.2 Termination by You

You may terminate this EULA at any time by discontinuing use of the Software and destroying all copies.

11.3 Termination by Company

Company may terminate this EULA immediately for:

11.4 Effect of Termination

Upon termination:

12. Export Control and Compliance

12.1 Export Laws

The Software may be subject to export control laws and regulations. You agree to comply with all applicable export and import laws.

12.2 Restricted Use

You may not use the Software in embargoed countries or by prohibited persons under applicable trade laws.

12.3 Government Use

If you are a government entity, additional terms may apply as specified in our government license addendum.

13. Dispute Resolution

13.1 Arbitration Agreement

Any dispute arising from this EULA shall be resolved through binding arbitration rather than court litigation, except for claims in small claims court or injunctive relief.

13.2 Arbitration Procedures

Arbitration will be conducted under American Arbitration Association (AAA) Consumer Arbitration Rules. The arbitration will take place in [Location] or remotely by mutual agreement.

13.3 Class Action Waiver

YOU AND COMPANY AGREE THAT DISPUTES MUST BE BROUGHT INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION, MASS ACTION, OR REPRESENTATIVE PROCEEDING.

13.4 Opt-Out Right

You may opt out of arbitration within 30 days of accepting this EULA by sending written notice to [legal email].

14. General Provisions

14.1 Entire Agreement

This EULA, together with the Privacy Policy and any subscription agreements, constitutes the entire agreement between you and Company regarding the Software.

14.2 Governing Law

This EULA is governed by the laws of [State/Country], excluding conflict of law principles.

14.3 Severability

If any provision of this EULA is found unenforceable, the remainder shall remain in full force and effect.

14.4 Amendment

Company may modify this EULA by providing notice through the Software or via email. Continued use constitutes acceptance of modifications.

14.5 Assignment

You may not assign this EULA without Company's written consent. Company may assign this EULA to affiliates or in connection with a merger or acquisition.

14.6 Force Majeure

Company is not liable for delays or failures due to circumstances beyond its reasonable control.

14.7 Government Rights

If you are a U.S. Government user, the Software is "Commercial Computer Software" with restricted rights as defined in applicable federal regulations.

15. Contact Information

For questions about this EULA or the Software, contact:

[Company Name]

Email: [legal email]

Address: [Company Address]

Support: [support email]

16. Acknowledgment

BY INSTALLING, ACCESSING, OR USING THE SOFTWARE, YOU ACKNOWLEDGE THAT YOU HAVE READ THIS EULA, UNDERSTAND ITS TERMS, AND AGREE TO BE BOUND BY ITS CONDITIONS. IF YOU DO NOT AGREE TO THESE TERMS, DO NOT USE THE SOFTWARE.

Version: v1

Effective Date: 28/10/2025

This EULA governs the licensing of AI workspace software that provides access to multiple third-party AI tools and services. Users should carefully review all terms before using the software.

Providing subscription based temporary use of non-downloadable cloud-based software for access to third party artificial intelligence (AI) technologies.