Skip to content

Draft for legal review. Not yet in effect.

Version 2026-10-19 · Effective date: [Effective date] · Operated by [Company legal name]

Terms of Service

The agreement between you and [Company legal name] for using Fullday. Please read it: it includes automatic renewal, a no-refund policy, limits on our liability, and an agreement to settle disputes by individual arbitration.

The short version

  • Fullday is for businesses. You must be at least 18 and signing up for a business.
  • Plans renew automatically until you cancel in Billing. Fees you've already paid aren't refunded (see the Refund policy).
  • You're responsible for who you call, text and email, and for what your AI team says once you've set it up.
  • AI can make mistakes, and we don't promise any particular result, such as leads, bookings, sales or income.
  • Disputes are settled by individual arbitration, not class actions or juries. You can opt out within 30 days of signing up.
  • Our total liability is limited to the greater of $100 or what you paid us in the 3 months before a claim.

A summary to help you read it. The full text below is what you agree to.

Who we are and how you agree

Fullday is run by [Company legal name] ("we", "us", "our"). These Terms of Service ("terms") are a binding contract between us and you, the person or business using Fullday ("you").

You agree to these terms when you tick the box at sign-up, create an account, pay for a plan, or use the service, whichever comes first. If you don't agree, don't use the service.

These terms include, and you also agree to, our Privacy policy, Acceptable use policy, Refund and cancellation policy, Cookie policy and Data processing addendum; if you text through the service, our SMS terms; and if you're an agency in our partner program, the Partner agreement. If two of these conflict, the order of priority is: a signed agreement between us, then the Partner agreement (for partner matters), then these terms, then the other policies.

If you accept for a company or other organization, you confirm you have the authority to bind it, and "you" means that organization.

Words we use

  • Service: the Fullday websites, dashboards, apps, phone numbers, AI agents, APIs, integrations, websites we build or host, and everything in them.
  • Your content: anything you or your team, clients or customers put into the service or that the service creates for you, including business details, leads, contacts, conversations, call recordings, transcripts, ads, images, videos and website content.
  • Your customers: the people and businesses you contact, or who contact you, through the service.
  • AI output: anything the service's AI creates, says or does, including replies, calls, messages, ads, images, videos, websites and suggestions.
  • Third-party services: products we don't run, such as Meta, Google, Whop, Stripe, Twilio, carriers, domain registrars and calendar or CRM tools.
  • Including means "including without limitation".

Who can use the service

  • You must be at least 18 years old and able to form a binding contract.
  • The service is for businesses only. You confirm you're using it for a trade, business, craft or profession, not for personal, family or household purposes. Consumer protection laws that apply only to consumers don't apply to your use, to the extent the law allows.
  • You must not be on a government list of restricted or sanctioned parties, or in a country under a comprehensive US embargo.
  • You must not be a competitor using the service to build, copy or benchmark a competing product.
  • We may refuse service to anyone, for any lawful reason.

Your account and security

  • Give us accurate, complete information and keep it up to date, including your business name, address and billing details.
  • Keep your password, two-step codes and API keys secret. You're responsible for everything done under your account, including by your team members, your agency (if you have one), anyone using your API keys, and any AI agent you set up.
  • Turn on two-step verification where we offer it, and remove team members who no longer need access.
  • Tell us right away at support@fullday.ai if you think someone got into your account. We aren't responsible for losses caused by someone using your password or keys before you told us.
  • One person or business per account unless your plan says otherwise. Don't share logins.

The service and how it changes

Fullday gives a business an AI growth team: a front desk that answers calls, texts, direct messages, emails and web chat; a follow-up agent; an ads agent; a creative studio; a website builder; a search agent; and a CRM. Agencies can also resell the service under their own brand through the partner program.

  • It changes. We add, change and remove features to improve the service. If we remove a major paid feature you rely on, we'll tell you in advance where we reasonably can.
  • Previews and betas. Features labeled preview, beta, early access or demo are provided as they are, may change or stop at any time, and aren't covered by any commitment about availability.
  • Demo data. Sample businesses, leads, conversations and numbers in demos are made up and labeled as samples. They aren't results.
  • Availability. We work hard to keep the service running, but we don't promise it will be available at any particular time or without interruption, unless we've signed a separate service level agreement with you. We may pause it for maintenance, security or upgrades.

Plans, automatic renewal and billing

  • Plans renew automatically. Monthly plans renew every month at the then-current price. Prepaid plans (paid for 1, 2 or 3 years up front) renew for the same term at the price you locked in. Either way, they renew until you cancel. By signing up, you authorize us (through our payment processor, Stripe) to charge your payment method at the start of each period without asking you again.
  • Billed in advance. Plan fees are charged at the start of each billing period. Usage beyond what your plan includes is charged as it happens or at the end of the period, at the prices shown in the service.
  • Going past your plan. Each plan includes a number of call minutes and texts each calendar month. Past that, the service keeps working and each extra call minute and text is paid from your AI credits as it's used, at the rates shown in Billing (4 credits a call minute and 1 a text when you sign up). We email the account owner when you reach 80% and 100% of your plan's minutes or texts. If you've turned on auto top-up, we buy credits for you when you run low. If your credits run out, calls and texts are still answered; what's used past that may be taken from the next credits you add.
  • Free trials. A plan's free trial includes a share of the plan's minutes, texts and AI credits, shown before you start.
  • Your payment method. Keep a valid payment method on file. If you add a new one, you authorize us to charge it too. You confirm you're allowed to use the payment method you give us.
  • Reminders. For prepaid plans (1, 2 or 3 years), we'll email you before renewal. We may also remind you of monthly renewals, but we don't have to.
  • Receipts. Invoices and receipts are in Billing and are emailed to the account owner.
  • Cancel any time in Billing, online, in a few clicks. See "Cancellation and plan changes" below.

Usage, credits and add-ons

  • Some things cost extra beyond your plan, like call minutes, texts, phone numbers, domains, AI images and videos, lead searches and credits. The service shows the price before you buy or turn something on.
  • Credits are prepaid units used by some features. A credit is used when a job starts. If a job fails because of us, its credits are returned to your balance. Credits have no cash value, can't be transferred or sold, and aren't refundable. Unused credits expire when your account closes. Credits given free (like starter or referral credits) may expire sooner, as stated when given.
  • Spending limits. You can set limits and turn on auto top-ups. With auto top-up on, you authorize us to charge your payment method whenever your balance falls below the level you chose.
  • Wholesale usage for agencies is billed as described in the Partner agreement.

Refunds

All fees are non-refundable, including partial periods, unused time, unused usage, credits, add-ons, phone numbers, domains and setup work, except as stated in our Refund and cancellation policy or required by law. That policy is part of these terms. A refund we choose to give once doesn't mean we'll give another.

Payment disputes and chargebacks

If you think a charge is wrong, contact us first at support@fullday.ai. We fix real billing mistakes quickly (see the Refund policy).

If you dispute a charge with your bank or card company instead (a "chargeback") for a fee that was properly charged under these terms:

  • We may suspend your account, phone numbers, websites and agents while the dispute is open, and close it if the dispute succeeds.
  • We'll send your bank the evidence of what you agreed to, including the date, time, version and wording of what you accepted at sign-up, and your use of the service.
  • You'll still owe the disputed amount, plus the dispute fee our payment processor charges us, and reasonable costs of collecting it. We may charge those to your payment method on file or send unpaid amounts to collections.
  • If you're an agency, a client's chargeback against you doesn't reduce what you owe us.

Late payment and suspension for non-payment

If a payment fails, we'll retry it and tell you. If it's still unpaid after [14 days], we may limit or suspend the service, including the front desk, phone numbers, websites and ads, until it's paid. Suspension for non-payment doesn't stop your plan's fees from being due. Unpaid amounts may carry a late charge of 1.5% per month (or the highest rate the law allows, if lower), and you'll pay reasonable costs of collection, including attorneys' fees. If your account stays unpaid for [60 days], we may close it and release its phone numbers and domains.

Taxes

Prices don't include taxes unless they say so. You're responsible for all sales, use, value-added, goods and services, telecommunications and similar taxes and fees on what you buy, except taxes on our income. We'll add taxes to your bill where the law requires us to collect them. If you're tax-exempt, send us your certificate; exemptions apply from when we receive it.

Price changes

We may change our prices. For your plan's price, we'll tell you at least 30 days before the change applies to you, by email or in the app. The new price starts with your next billing period after that. If you don't want to pay the new price, cancel before it starts. Prices for usage, credits and add-ons can change at any time; the price shown when you buy is the one that applies.

Free trials, discounts and promotions

  • If we offer a free or discounted trial, it turns into a paid plan automatically at the end of the trial unless you cancel before it ends. We'll tell you the trial's length and the price that follows before you start.
  • One trial per business. We may end trials that abuse this, like repeated sign-ups.
  • Discounts, coupons and promotional credits apply only as stated, can't be combined unless we say so, have no cash value and may expire.

Cancellation and plan changes

  • Cancel any time in Billing. Cancellation stops your next renewal. Your plan keeps working until the end of the period you've paid for, and then ends. We don't refund the rest of the period.
  • Plan changes take effect right away. Moving up charges the difference for the rest of the current period. Moving down turns the difference into a credit on your future bills, never cash. Features not in the lower plan stop when you move down, so export anything you need first.
  • Usage you've already incurred is still owed after you cancel.
  • If you're an agency client, your agency controls your plan. Cancel through your agency, or contact us if your agency can't be reached.

Your data and content

You own your content. You give us a worldwide, non-exclusive, royalty-free license to host, copy, store, process, transmit, display, adapt and create derivatives of your content only as needed to run, secure, support and improve the service for you, to follow the law, and as described in the Privacy policy. This license ends when your content is deleted from our systems, except for copies we keep in backups for a limited time or must keep by law.

  • You're responsible for your content: that it's accurate and lawful, and that you have every right, license and consent needed for us to use it as these terms describe, including consent from the people whose numbers, emails, voices, images or likenesses are in it.
  • Aggregated data. We may create and use data that's de-identified and combined with other customers' data (for example, average answer times across all front desks) to improve and market the service. It never identifies you or your customers.
  • Keep your own copies. You can export your data from the service. We back up our systems, but we aren't a backup service for you, and you're responsible for keeping copies of anything important.
  • We don't sell your customers' personal information, and we don't use your customer data to train AI models for anyone else.

You're the sender of every call, text, email, direct message and ad made through your account, and you're responsible for it. We provide the technology; you decide who is contacted, when, and with what message, including through settings, automations and AI agents you turn on.

You agree to follow every law and rule that applies to your outreach, including the Telephone Consumer Protection Act (TCPA) and FCC rules, the Telemarketing Sales Rule, CAN-SPAM, state telemarketing, texting and "mini-TCPA" laws, the National Do Not Call Registry, carrier rules and texting registration (A2P 10DLC), Canada's CASL, and the GDPR where it applies.

  • Get consent first. Only call or text people who have given the consent the law requires. Marketing texts and calls, including calls with AI or prerecorded voices, need prior express written consent. The service must never be used for cold texts or robocalls.
  • Keep records. You must keep proof of each person's consent and give it to us if we ask.
  • Honor opt-outs immediately: STOP and similar replies, "don't call me", and unsubscribes. The service does this automatically; don't work around it.
  • Quiet hours. Don't call or text outside the hours the law allows in the recipient's time zone.

If a carrier, regulator, platform or person complains about messages from your account, we may pause sending while we look into it.

Calls, recordings and AI voices

  • Recording. Some states require everyone on a call to agree before it's recorded. Keep the front desk's recording notice on wherever it's required. You're responsible for meeting recording laws where you and your callers are.
  • AI voices. Your front desk and follow-up calls use an AI voice. The FCC treats AI-generated voices as "artificial" voices under the TCPA, so outbound AI calls need the same consent as prerecorded calls. Don't set up your agents to claim they're human when someone sincerely asks.
  • Voices and likenesses. Only use a cloned or custom voice, or a person's image, with that person's written permission. The only voice copy the service makes is the account owner's own voice ("Your own voice", below).
  • Not for emergencies. The service can't place or route 911 or emergency calls, and must not be relied on for emergencies, medical urgency or any situation where a missed or wrong answer could cause injury. Tell callers how to reach emergency services where appropriate.
  • Calls can fail. Calls, texts and transfers depend on carriers and networks and can be dropped, delayed or misheard. Always have another way for urgent matters to reach you.

Your own voice

With the Your own voice add-on, your voice agent answers calls in an AI copy of the account owner's voice.

  • Only your own voice, with your consent. Only the account owner can record, and only their own voice. Before we make the copy, you read a consent statement out loud and confirm on screen that it's your own voice and you're authorized to do this. Never record, upload or imitate anyone else's voice through the service.
  • What it's used for. The copy is used only to answer calls to your business through the service, up to the minutes a month shown in the app (after that, calls that month use a stock voice). We don't use it to place calls, or for anything or anyone else. Your front desk still tells callers it's an AI assistant whenever they ask, and never claims to be you.
  • How it's made and stored. We send the first 60 seconds of your recording to our voice provider, Cartesia, which makes the copy and keeps it, private to our account there. We keep your recording in private storage that only our servers can reach. We also keep a record of your consent: the statement you read, your name, when, and the IP address and browser you used.
  • Deleting it. The account owner or an admin can delete your voice at any time in Voice agent → Settings. We then delete the copy at Cartesia and delete your recording, and calls go back to a stock voice from the next one. Taking the add-on off your plan there, or deleting your account, does the same. If your plan or the add-on ends any other way, calls stop using the copy, and you can still delete it there. We keep the consent record, without the recording, as our Privacy policy says, to prove the copy was made with your consent.
  • Fees. The add-on is billed with your plan, at the price shown before you add it. Adding it charges the rest of the current billing period. Taking it off leaves a credit for the unused part on your next bill.
  • Calls you place. Calls the service places for you (like win-back calls) use a stock voice. The FCC treats AI-generated voices, including copies of real people's voices, as "artificial" voices under the TCPA, so those calls need the called person's prior express consent (prior express written consent for marketing), as "The people you contact, and their consent" says.

AI output and no professional advice

The service uses AI from us and our providers to answer and make calls, write messages and ads, make images, videos and websites, summarize conversations and suggest changes.

  • AI can be wrong. It can misunderstand, make things up, quote the wrong price, miss a booking or say something you wouldn't. You're responsible for setting up your business information, prices, rules and limits correctly, for reviewing AI output before relying on it, and for what's published or sent under your name.
  • Approval and autopilot. Big changes, like ad budget increases, wait for your approval unless you turn on autopilot. When you turn on autopilot or any automation, you approve in advance every action it takes within the limits you set.
  • Not advice. Nothing in the service is legal, medical, financial, tax or other professional advice. Your AI agents must not give medical diagnoses, legal opinions or financial advice to your customers.
  • Similar output. AI may produce similar output for other customers. We don't promise that AI output is unique, or that it's free of third-party rights; check before using it in trademarks or other important places.

No guaranteed results

We don't promise any particular result, including more calls answered, leads, bookings, reviews, search rankings, ad performance, sales, revenue or income. Examples, demos, calculators and estimates in our marketing and in the app are illustrations, not promises. Your results depend on your business, your market, your offer, your settings and many things we don't control.

Ads, ad spend and connected accounts

  • Ad spend is paid to the ad platform. When you run ads through Meta, Google, Whop or another platform, you pay that platform for the ad spend, directly or through a billing setup you agree to with them. Ad spend isn't a fee to us and we can't refund it.
  • You own your accounts. Ad accounts, Facebook pages, pixels, Google profiles and other accounts you connect or that we create for you are yours, and their terms apply to you. You authorize us to act on them as you've set up and approved, including creating pages, uploading images, launching, pausing and changing campaigns and budgets within your limits.
  • Platforms decide. Platforms can reject ads, limit accounts, change prices, change their rules or shut down features at any time. We aren't responsible for their decisions, their charges, or results that depend on them.
  • Your ads, your claims. You're responsible for your ads meeting the law and each platform's ad policies, including the special rules for housing, employment, credit, health, financial and political ads.

Phone numbers, domains and email sending

  • Phone numbers we provide are leased to you, not sold, and stay subject to carrier rules. If your account closes or stays unpaid, we may release them, and someone else may get them. You can ask to port a number out while your account is in good standing and paid up.
  • Domains we register for you are registered in your name or your business's name through our registrar partner, and the registrar's terms apply. Renewals are charged yearly unless you turn them off. If a domain isn't renewed, it may be lost. You can transfer it out while your account is paid up, following the registrar's rules.
  • Email sending. Inboxes you connect for cold email are warmed up in our warm-up network (they exchange a few ordinary emails a day with other customers' connected inboxes, which are filed away automatically; you can turn it off per inbox), but inbox placement is never guaranteed and depends on your content, your list and the receiving providers.

Websites we build and host for you

Websites, booking pages and landing pages built in the service are yours to use while your account is active. You're the publisher: review them before publishing and keep them accurate, including prices, licenses, claims and legal notices your business needs. We may take down content that breaks the law, these terms or someone else's rights, including after a notice under our Copyright and DMCA policy. When your account ends, hosted sites go offline; export anything you need first.

If your business is regulated (for example health care, dental, med spa, legal, financial, insurance, real estate, home services licensing), you're responsible for following the rules that apply to your advertising, communications, records and licenses.

HIPAA. The service isn't set up to hold protected health information unless we've signed a Business Associate Agreement with you. Until then, don't put medical records, diagnoses, treatment details or other protected health information into the service, and set up your agents not to collect it. If you do anyway, that's at your own risk and you're responsible for the consequences.

The partner program

Agencies that resell Fullday under their own brand also agree to the Partner agreement. In short: you're the seller to your clients; you pay us for your plan, extra clients and usage whether or not your clients pay you; your clients must agree to terms at least as protective as these; and you're responsible for your clients' use of the service.

If you're an agency's client, your agency may set up, see and manage your account, your data and your plan. Your agency's agreement with you governs what the agency does; we aren't responsible for your agency's promises, prices or actions.

If your agency stops working with us, your service doesn't go dark:

  • Your phone numbers, AI agents, website, bookings and data keep working for at least 30 days after your agency's account ends.
  • Your agency may move you to another agency in our program, or arrange for us to serve you directly; either way, we move your account only with your consent.
  • If your agency doesn't, we'll contact you as Fullday and offer you three choices: keep your service directly with us, pick another agency in our program, or export your data and leave. You choose. If you don't choose in time, your service may be paused, and we'll hold your data, numbers and website for at least 30 more days so you still can.
  • Your data, your customers, your phone numbers and your website content are yours. We won't ask you to pay what your agency owed us.

Our property and your license to use it

The service, including its software, design, AI prompts and agents, templates, scripts, Training materials, text, graphics and our trademarks, belongs to us and our licensors and is protected by law. Apart from your content, nothing in these terms transfers ownership to you.

While you follow these terms and pay what's due, we give you a limited, non-exclusive, non-transferable, revocable right to use the service for your business (and, for partners, to resell it as the Partner agreement allows).

You must not, and must not help anyone else to:

  • copy, modify, decompile, reverse engineer or try to get the source code, models or prompts of the service, except where the law expressly allows it despite this limit;
  • resell, rent, sublicense or white-label the service except through the partner program;
  • scrape, crawl or extract data from the service by automated means, other than our documented API within its limits;
  • use the service or its output to build or train a competing product, or publish benchmarks of it without our written permission;
  • get around usage limits, credits, billing, security or access controls, or use more than one account or trial to avoid paying;
  • remove or hide our notices, or use our trademarks except as we allow.

Feedback

If you send us ideas, suggestions or feedback, we may use them for any purpose without paying you or owing you anything. You won't send us anything you consider confidential as feedback.

Confidentiality

Each of us may share non-public information with the other, like your business data or our unreleased features and pricing. The one who receives it will use it only for this agreement, protect it with reasonable care, and share it only with people who need it and are bound to keep it confidential. This doesn't cover information that's public through no fault of the receiver, already known to it, independently developed, or rightfully received from someone else. Either of us may disclose information when the law requires, after giving notice where the law allows.

Third-party services

The service relies on and connects to third-party services, like Stripe, Twilio, carriers, Vapi, Anthropic, OpenAI, Supabase, Resend, Cloudflare, Meta, Google, Whop, domain registrars and the tools you connect. Their terms apply to your use of them, and their availability affects ours. We aren't responsible for third-party services, their changes, outages, decisions or charges, even when we set them up or buy them for you. If a third party stops making something available to us, we may have to change or stop the related feature.

Suspension and ending

  • We may suspend or limit your account, numbers, websites, agents or sending, without notice where we reasonably believe it's needed, if you break these terms or any policy, don't pay, put the service, our providers or other people at risk (for example carrier complaints, spam reports, fraud, a security problem or a legal request), or if the law or a provider requires it. Where we reasonably can, we'll tell you first and give you a chance to fix it.
  • We may end these terms and close your account on 30 days' notice for any reason, or right away for a serious or repeated breach, non-payment, fraud, abuse or legal risk. If we end them for no reason of yours, we'll refund the unused part of any prepaid period.
  • You may end these terms any time by cancelling your plan and closing your account.
  • After ending, your access stops. We keep your data for 30 days so you can export it or come back, then delete it as described in our Privacy policy, except what we must keep by law or to defend claims. Fees owed stay owed.
  • What survives: sections that by their nature should last after ending, including fees owed, your content license for backups, our property, confidentiality, disclaimers, limits of liability, indemnity, release, arbitration, time limits and the general terms.

Disclaimers

The service, AI output and everything provided through the service are provided "as is" and "as available". To the fullest extent the law allows, we and our affiliates, licensors and providers disclaim all warranties and conditions, express, implied or statutory, including any warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, quiet enjoyment, and any arising from course of dealing or usage of trade.

We don't warrant that the service will be uninterrupted, timely, secure or error-free; that every call, text, email or message will be answered, delivered or delivered on time; that AI output will be accurate, complete, lawful or suitable for your purpose; that defects will be fixed; or that any result will be achieved. Some places don't allow some of these disclaimers, so some may not apply to you.

Limits of liability

To the fullest extent the law allows:

  1. We aren't liable for any indirect, incidental, special, consequential, exemplary or punitive damages, or for any lost profits, revenue, business, customers, leads, bookings, goodwill or data, or business interruption, or the cost of substitute services, however caused and on any theory of liability (contract, tort including negligence, strict liability or otherwise), even if we were told they were possible.
  2. This includes losses from a missed, dropped, misrouted or wrongly handled call, text, email, message, booking or lead; from anything an AI agent said or did; from ad spend or ad results; and from third-party services.
  3. Our total liability for all claims relating to the service or these terms is limited to the greater of $100 or the fees you actually paid us for the service in the 3 months before the event that gave rise to the claim.
  4. These limits apply even if a remedy fails of its essential purpose, and they're an essential part of the bargain: our prices reflect them.

These limits don't limit your obligation to pay fees, your indemnity obligations, or liability that the law doesn't allow to be limited (such as for fraud). Some places don't allow some of these limits, so they may not fully apply to you.

Indemnity

You'll defend, indemnify and hold harmless us, our affiliates, and our and their officers, directors, employees, contractors, agents, licensors and providers from and against all claims, demands, investigations, fines, penalties, damages, losses, settlements, costs and expenses (including reasonable attorneys' fees) arising out of or relating to:

  • your content, your business, your products and services, and your ads;
  • calls, texts, emails, messages and other outreach made through your account, including any claim under the TCPA, CAN-SPAM, do-not-call, recording, privacy or consumer protection laws;
  • your customers, your clients (for agencies) and your team, and any dispute you have with them;
  • your use of AI output, websites and creatives;
  • your breach of these terms or any policy, or of any law or third party's rights.

We'll tell you about a claim, let you control the defense (but you can't settle a claim that admits fault for us or binds us without our written consent), and cooperate at your expense. We may take part with our own lawyer at our own cost.

Release

The service connects you with your customers, clients, agencies, ad platforms and other third parties. Any dispute you have with them is between you and them, and you release us (and our affiliates, officers, employees and providers) from all claims, demands and damages of every kind, known and unknown, arising out of or connected with those disputes. If you're a California resident, you waive California Civil Code section 1542, which says: "A general release does not extend to claims that the creditor or releasing party does not know or suspect to exist in his or her favor at the time of executing the release and that, if known by him or her, would have materially affected his or her settlement with the debtor or released party." You also waive any similar law elsewhere.

Disputes: individual arbitration and class action waiver

Please read this section carefully. It affects your rights, including your right to go to court and to a jury trial.

  1. Talk to us first. Before starting a claim, send a written notice describing it and the relief you want to support@fullday.ai, and give us 60 days to try to resolve it informally. We'll do the same for claims we have against you. Time limits to bring a claim pause during those 60 days.
  2. Binding arbitration. If we can't resolve it, any dispute, claim or controversy arising out of or relating to the service or these terms, including whether it must be arbitrated, will be resolved by binding individual arbitration, not in court. The Federal Arbitration Act governs this section. The arbitration will be administered by the American Arbitration Association (AAA) under its Commercial Arbitration Rules, before one arbitrator, in [County, State] or by video. The arbitrator can award the same individual relief a court could, but only to the individual party bringing the claim and only to the extent needed for that party's claim.
  3. Exceptions. Either of us may bring an individual claim in small claims court if it qualifies, and either of us may ask a court for an injunction to stop infringement or misuse of intellectual property, unauthorized access, or breach of confidentiality. We may also bring a claim in court to collect unpaid fees.
  4. No class actions. You and we each agree to bring claims only in an individual capacity, not as a plaintiff or class member in any class, collective, consolidated or representative proceeding. The arbitrator may not consolidate claims of more than one party or preside over any form of class or representative proceeding.
  5. Jury waiver. If for any reason a claim goes to court instead of arbitration, you and we each waive any right to a jury trial.
  6. Mass filings. If 25 or more similar demands are filed against us by or with the help of the same or coordinated lawyers or organizations, they'll be administered in batches of no more than 50 at a time (one arbitrator per batch), with the next batch starting only after the previous one ends, and the AAA's rules for multiple or mass filings apply. Time limits pause for demands waiting in line. A court may enforce this paragraph.
  7. Fees. Each of us pays our own attorneys' fees unless the arbitrator decides a claim was frivolous or the law gives the winner its fees. Filing and arbitrator fees follow the AAA's rules.
  8. Opting out. You can opt out of this arbitration agreement by emailing support@fullday.ai within 30 days of first accepting these terms, with the subject "Arbitration opt-out", your name, your business's name and the email on your account. Opting out doesn't affect anything else in these terms.
  9. If part is unenforceable. If the class action waiver is found unenforceable for a claim, that claim (and only that claim) must be decided in court, after any individual arbitration, and the rest of this section still applies. If any other part is found unenforceable, the rest still applies.
  10. Changes. If we change this section, the version you agreed to applies to disputes about anything that happened before the change, unless you agree otherwise.

Time limit to bring a claim

To the extent the law allows, any claim you have relating to the service or these terms must be brought within one year after it arose. After that, it's permanently barred.

Governing law and courts

These terms are governed by the laws of the State of [State], USA, and applicable US federal law, without regard to conflict-of-laws rules. The UN Convention on Contracts for the International Sale of Goods doesn't apply. For anything not resolved by arbitration, you and we agree to the exclusive jurisdiction of the state and federal courts in [County, State], and waive any objection to that venue.

Events beyond our control

We aren't responsible for delays or failures caused by things beyond our reasonable control, including outages or changes at carriers, ad platforms, AI providers, cloud and hosting providers or payment processors; internet or power failures; cyberattacks; acts of government, new laws or regulatory actions; labor disputes; natural disasters, epidemics, war, terrorism or civil unrest.

Electronic records and notices

You agree to do business with us electronically. Your click or tick at sign-up is your electronic signature, with the same effect as a handwritten one, and you agree to receive agreements, notices, receipts and other communications electronically, by email to the account owner's address or in the app. You can print or save these terms at any time from this page. Notices to us must go to support@fullday.ai, with a copy to [Company legal name], [Company address]. A notice is received when it's sent by email (unless it bounces) or when it's delivered by post.

We'll also send you service messages, like security alerts, receipts and important changes, which you can't opt out of while you have an account. Marketing emails from us always have an unsubscribe link.

Export and sanctions

You'll follow US and other applicable export control and sanctions laws. You won't use the service in, or make it available to anyone in, a country or region under a comprehensive US embargo, or to any person on a US government restricted list.

General terms

  • Entire agreement. These terms and the documents they include are the whole agreement between us about the service and replace any earlier agreements or statements about it. Terms in your purchase orders or other documents don't apply.
  • Assignment. You may not transfer these terms without our written consent. We may transfer them, for example as part of a merger, acquisition or sale of assets.
  • Severability. If a court finds part of these terms unenforceable, that part is changed to the minimum extent needed and the rest stays in effect.
  • No waiver. If we don't enforce something right away, we haven't given up the right to enforce it later.
  • Relationship. We're independent contractors. These terms don't create a partnership, joint venture, franchise, employment or agency relationship.
  • No third-party beneficiaries, except the people protected by the indemnity and release sections.
  • Headings are for convenience only. "Including" means "including without limitation". If these terms are translated, the English version controls.
  • US Government users: the service is commercial computer software provided under these terms only.

Changes to these terms

We may update these terms. The version and date at the top of this page show which version is current. If a change materially affects you, we'll tell you by email or in the app at least 30 days before it applies, except for changes required by law or made for security, which can apply sooner. If you keep using the service after a change applies, you accept the new terms. If you don't agree, cancel before it applies. We may also ask you to accept new terms by ticking a box.

Contact

Questions about these terms: support@fullday.ai. [Company legal name], [Company address].