Terms of Service

• "Ficzd", "we", "us", "our" means Ficzd Limited, the provider of the Services.
• "Customer", "you", "your" means the individual or entity accessing or using the Services.
• "Services" means the Ficzd AI-powered marketing automation platform, website, APIs, and any related software or tools.
• "Content" means any data, text, files, information, and other material that you submit, upload, or create using the Services.
• "Subscription" means a paid or free plan granting access to the Services for a specified period.

By accessing or using the Services, you represent that you are at least 16 years old, have the legal authority to enter into these Terms, and agree to be bound by them. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.

If you do not agree to these Terms, you may not use the Services.

To use certain features of the Services, you must register for an account. You agree to:

• Provide accurate, current, and complete registration information
• Maintain and update your information to keep it accurate
• Keep your login credentials confidential and not share them with others
• Be responsible for all activity that occurs under your account
• Notify us immediately at hello@ficzd.com of any suspected unauthorised access

We reserve the right to suspend or terminate accounts where we reasonably believe registration information is false or misleading.

Access to certain features of the Services is provided via paid Subscriptions. By subscribing, you agree to:

• Pay all applicable fees in advance as described on our pricing page
• Authorise us to charge your payment method on a recurring basis (monthly or annually)
• Keep your payment information current and accurate

Cancellations: You may cancel your Subscription at any time via your account settings. Cancellation takes effect at the end of your current billing period. No refunds are provided for the remaining period unless required by applicable law.

Price changes: We may change our pricing with 30 days' notice to your registered email. Continued use of the Services after the effective date constitutes acceptance of the new pricing.

Taxes: Fees are exclusive of applicable taxes. You are responsible for all taxes, levies, or duties imposed by taxing authorities.

You agree to use the Services only for lawful purposes and in accordance with these Terms. You must not:

• Use the Services to generate, distribute, or promote spam, malware, or harmful content
• Use the Services to violate any applicable law, regulation, or third-party rights
• Attempt to circumvent, disable, or interfere with security features of the Services
• Reverse engineer, decompile, or disassemble any part of the Services
• Access or use the Services for competitive benchmarking or to develop a competing product
• Share account credentials or allow unauthorised parties to access the Services via your account
• Transmit any content that is unlawful, defamatory, obscene, fraudulent, or harmful to third parties
• Exceed any usage limits applicable to your Subscription plan

We reserve the right to investigate suspected violations and, where appropriate, suspend or terminate access to the Services with or without notice.

Our IP: All intellectual property rights in the Services, including software, design, trademarks, and documentation, are owned by or licensed to Ficzd. Nothing in these Terms grants you any ownership of our intellectual property.

Your Content: You retain ownership of all Content you submit to the Services. By using the Services, you grant Ficzd a non-exclusive, worldwide, royalty-free licence to use, process, store, and display your Content solely to provide the Services.

AI outputs: Content generated by the Ficzd AI on your behalf is assigned to you, subject to any applicable third-party AI model terms. We make no warranty that AI-generated content is free from intellectual property claims by third parties.

Feedback: Any suggestions, ideas, or feedback you provide about the Services may be used by Ficzd without obligation to you.

Your use of the Services is governed by our Privacy Policy, which is incorporated into these Terms by reference. If you are processing personal data on behalf of others using the Services, please see our Data Processing Agreement.

Each party agrees to keep the other's confidential information (including business data, technical systems, pricing, and customer information) strictly confidential and not to disclose it to third parties without prior written consent, except as required by law.

Ficzd will treat your Content as confidential. We will not access your Content except as necessary to provide the Services, prevent abuse, or comply with legal obligations.

The Services may integrate with third-party platforms (CRMs, ad networks, email providers, etc.). Your use of those integrations is subject to the relevant third party's terms and privacy policies. Ficzd is not responsible for the availability, accuracy, or conduct of third-party platforms.

Disclaimer of warranties: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". TO THE MAXIMUM EXTENT PERMITTED BY LAW, FICZD DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR SECURE.

AI outputs: AI-generated content is provided for informational and productivity purposes only. You are responsible for reviewing, validating, and approving all AI-generated content before use. Ficzd is not liable for errors, omissions, or harm arising from reliance on AI-generated outputs.

Limitation of liability: TO THE MAXIMUM EXTENT PERMITTED BY LAW, FICZD'S TOTAL LIABILITY TO YOU FOR ANY CLAIMS ARISING FROM THESE TERMS OR YOUR USE OF THE SERVICES IS LIMITED TO THE FEES YOU PAID TO FICZD IN THE 12 MONTHS PRECEDING THE CLAIM. IN NO EVENT WILL FICZD BE LIABLE FOR INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES.

You agree to indemnify, defend, and hold harmless Ficzd and its officers, directors, employees, and agents from any claims, losses, damages, liabilities, and expenses (including legal fees) arising from: (a) your use of the Services in violation of these Terms; (b) your Content; (c) your violation of any applicable law or third-party rights.

These Terms remain in effect until your Subscription ends or either party terminates them.

Termination by you: You may terminate your account at any time via account settings.

Termination by Ficzd: We may suspend or terminate your access to the Services immediately if you violate these Terms, fail to pay applicable fees, or if we are required to do so by law.

Effect of termination: Upon termination, your right to access the Services ceases. We will provide 30 days to export your Content. After this period, your Content will be deleted in accordance with our data retention policy.

These Terms are governed by the laws of England and Wales. Any dispute arising from these Terms will first be subject to good-faith negotiation. If unresolved, disputes will be submitted to the exclusive jurisdiction of the courts of England and Wales.

For customers in the EU, nothing in this section limits your rights under applicable consumer protection laws.

We may update these Terms from time to time. We will provide at least 14 days' advance notice of material changes via email or in-platform notification. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

• Entire agreement: These Terms, together with our Privacy Policy and DPA (where applicable), constitute the entire agreement between you and Ficzd regarding the Services.
• Severability: If any provision of these Terms is found unenforceable, the remaining provisions will continue in full force.
• Waiver: Our failure to enforce any right or provision does not constitute a waiver of that right.
• Assignment: You may not assign your rights under these Terms without our prior written consent. We may assign our rights as part of a business transfer.

For legal and contractual enquiries, contact us at: