01Agreement
These Terms govern your access to and use of Fantesty's websites, products, APIs, and services. By creating an account or using the service you agree to these Terms. If you are accepting on behalf of an organization you represent that you have authority to do so.
For Scale customers, an executed Master Services Agreement (MSA) supersedes these Terms to the extent of any conflict.
02Accounts
You must provide accurate registration information and keep your credentials secure. You are responsible for activity under your account. Notify us immediately of unauthorized access.
Eligibility
You must be at least 16 years old and not subject to sanctions or located in an embargoed jurisdiction. The service is not offered to consumers; it is intended for business use.
03Acceptable use
You agree not to:
- Send load to systems you do not own or have authorization to test.
- Use the service to perform denial-of-service attacks against third parties.
- Reverse engineer, decompile, or attempt to extract the source code of the service.
- Resell, sublicense, or white-label the service without written permission.
- Upload malware, illegal content, or content infringing third-party rights.
- Circumvent rate limits, plan caps, or security measures.
We may suspend the service to investigate suspected violations. We will restore access promptly if no violation is found.
04Plans, fees & taxes
Paid plans are billed in advance, monthly or annually. Overages (if enabled) bill in arrears. Taxes are added where applicable. Fees are non-refundable except as expressly stated; pro-rata refunds apply only on Scale terminations for cause.
We may change pricing with 30 days' notice; changes take effect at your next renewal.
05Customer data
You retain all rights to your customer data. You grant Fantesty a non-exclusive, worldwide license to host, process, and display customer data solely to provide the service. We do not use customer content to train third-party foundation models.
Our Data Processing Addendum (DPA) is incorporated by reference for processing of personal data.
06Intellectual property
The service, including all software, designs, and documentation, is the property of Fantesty and its licensors. We grant you a limited, non-exclusive, non-transferable license to use the service per these Terms.
Feedback you provide may be used by us without restriction or compensation, provided it is not attributed to you.
07Beta features
Features marked beta, alpha, preview, or experimental are provided "as is", may change or be discontinued, and are excluded from SLAs. Do not use beta features for production-critical workflows without explicit written confirmation from Fantesty.
08Warranties & disclaimers
We warrant that the service will perform substantially in accordance with our documentation. Except as expressly stated, the service is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory, including merchantability, fitness for a particular purpose, and non-infringement.
09Limitation of liability
To the maximum extent permitted by law, neither party shall be liable for indirect, incidental, special, consequential, or punitive damages, or for lost profits, revenues, or data. Each party's aggregate liability is limited to fees paid by you to Fantesty in the 12 months preceding the event.
Carve-outs apply for breach of confidentiality, indemnification obligations, infringement of intellectual property, and gross negligence or willful misconduct.
10Indemnification
Each party will defend and indemnify the other against third-party claims arising from its breach of these Terms, including IP infringement claims (Fantesty for the service as delivered; Customer for customer content and acceptable use).
11Term & termination
These Terms remain in effect while you use the service. Either party may terminate for material breach uncured for 30 days, or immediately for AUP violations. On termination, customer data will be available for export for 30 days, then deleted within 90.
12Governing law
These Terms are governed by the laws of the State of California, excluding its conflict-of-laws rules. Disputes are resolved in the state and federal courts in San Francisco County, California, and each party consents to that jurisdiction. Some jurisdictions require local law/forum; that local rule prevails to the extent applicable.
13Miscellaneous
If any provision is held unenforceable, the remainder will be enforced to the fullest extent. No waiver is implied from any failure to enforce. These Terms are the entire agreement between the parties and supersede prior agreements on the subject. We may update these Terms with 30 days' notice for material changes.
Questions: legal@fantesty.io.