Terms of Service

You must be at least 18 years old and capable of forming a binding contract. By agreeing to these Terms, you represent and warrant that you meet this requirement and that your use of the Services will comply with all applicable laws. If you are accepting these Terms on behalf of an organization, you represent that you have authority to bind that organization.

• “Account” – the credentialed profile you create to access the Services.
• “Customer Content” – code, data, prompts, configurations, and any other material you upload, submit, or transmit through the Services.
• “Services” – the Fency platform, APIs, SDKs, documentation, and all related tools and services provided by Fency.
• “Updates” – patches, bug fixes, feature enhancements, and other changes deployed to the Services.

Fency provides developer APIs and SDKs that make it easy to integrate AI capabilities into applications. Our platform is an end-to-end solution for adding AI functionality to SaaS products, handling everything from working with AI models to standardized data storage optimized for AI workloads. This allows developers to quickly build features like automation, analysis, and intelligent workflows using simple, reliable interfaces.

Fency may add, remove, or modify features of the Services. For any material reduction of a generally available feature actively used in your Account, Fency will provide at least thirty (30) days' notice unless doing so would create a security risk, violate law, or be technically infeasible.

Fency may deliver Updates automatically and will use commercially reasonable efforts to maintain backwards compatibility for published API versions.

To use the Services, you must create an Account and may be required to provide certain registration details. You agree to keep your Account credentials confidential and to promptly notify Fency of any unauthorized use. You are responsible for all activities that occur under your Account.

• Pricing. Current fees are listed on our website or in a mutually agreed order form. Fees may include subscription charges and usage-based charges. We reserve the right to modify fees with reasonable advance notice.
• Payment. You agree to pay all fees associated with your Account. Payments are processed by Stripe. All payments shall be in the currency specified on your invoice.
• Taxes. Fees are exclusive of taxes. You are responsible for all applicable taxes, duties, and similar assessments, except for taxes based on Fency's net income.
• Overdue payments. If payment is overdue, Fency may charge interest at the rate permitted under the Norwegian Late Payment of Commercial Debts Act (forsinkelsesrenteloven) and may suspend the Services until the balance is settled.

Subject to your compliance with these Terms, Fency grants you a limited, non-exclusive, non-transferable right to access and use the Services solely for your internal business purposes during the term.

You may not:

• Copy, modify, or create derivative works of the Services.
• Distribute, resell, lease, or sublicense the Services to any third party.
• Reverse engineer, decompile, or attempt to discover the source code or underlying algorithms of the Services, except to the extent such restriction is prohibited by applicable law.
• Interfere with or disrupt the security, integrity, or performance of the Services.
• Access the Services for the purpose of building a competitive product or service.

Fency reserves all rights in and to the Services, all content therein, and all intellectual property rights thereto. You obtain no rights except as expressly granted in these Terms.

You agree not to:

• Upload or transmit malware, illegal content, or material that infringes intellectual property rights.
• Probe, scan, or test the vulnerability of any Fency system without prior written permission.
• Violate the privacy or data protection rights of any person.
• Use the Services to commit or facilitate unlawful activity.
• Exceed any rate limits or usage quotas, or circumvent technical restrictions of the Services.

Fency may suspend your access immediately if Fency reasonably believes you have violated this section.

• Ownership. You retain all rights in Customer Content.
• License to Fency. You grant Fency a non-exclusive license to use Customer Content solely to provide the Services to you. Fency does not use Customer Content to improve its services, train models, or for any purpose beyond fulfilling your requests.
• Feedback. If you provide suggestions, ideas, or other feedback about the Services (“Feedback”), Fency may use such Feedback to develop or improve the Services without restriction or obligation.

Customer shall ensure that any Customer Content, including personal data, used in connection with the Services is collected, processed, and transferred in compliance with applicable data protection laws and that Customer has obtained all necessary authorizations and consents from data subjects.

To the extent Fency processes personal data on your behalf, the Data Processing Addendum is incorporated by reference into these Terms. Our Privacy Policy describes how we collect and use personal data in connection with the Services.

Each party acknowledges that it may receive confidential information of the other party (“Confidential Information”). Each party agrees to hold Confidential Information in confidence and not to disclose it to third parties or use it for any purpose other than exercising rights or performing obligations under these Terms.

These obligations do not apply to information that: (a) is or becomes publicly available through no breach of these Terms; (b) is rightfully received from a third party without restriction; (c) is independently developed without use of the other party's Confidential Information; or (d) is required to be disclosed by law or court order, provided that the receiving party gives reasonable advance notice to allow the disclosing party to seek protection.

Fency implements commercially reasonable technical and organizational measures designed to protect Customer Content against unauthorized access, use, or disclosure. Details of these measures are described in the Data Processing Addendum.

Fency will provide reasonable support through email and other channels as made available. Fency will use commercially reasonable efforts to respond to support inquiries promptly. Support availability and response times may vary based on the nature and complexity of the inquiry. Fency reserves the right to modify support channels and procedures.

• Term. These Terms apply from the date you first accept them until terminated.
• Suspension. Fency may suspend your access immediately if: (a) required by law; (b) your use poses a security risk; (c) your Account is overdue by thirty (30) days or more; or (d) you breach these Terms.
• Termination by Customer. You may terminate at any time by closing your Account and paying all outstanding fees.
• Termination by Fency. Fency may terminate these Terms for convenience with thirty (30) days' notice.
• Effect of termination. Upon termination, you must cease all use of the Services. You remain responsible for fees incurred prior to termination. Sections that by their nature should survive will continue, including payment obligations, disclaimers, limitations of liability, confidentiality, and dispute resolution.

The Services are provided “AS IS” and “AS AVAILABLE.” To the fullest extent permitted by applicable law, Fency disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Fency does not warrant that the Services will be uninterrupted, error-free, or secure, that Customer Content will not be lost, or that the Services will meet your specific requirements.

To the fullest extent permitted by applicable law, Fency's total cumulative liability for any damages arising out of or related to the Services, these Terms, or any data processing agreement will not exceed the greater of: (a) one hundred (100) euros; or (b) the total fees you paid to Fency for the Services in the twelve (12) months preceding the event giving rise to liability.

Fency will not be liable for any indirect, incidental, special, consequential, or punitive damages, or for any loss of profits, revenue, data, or goodwill, even if advised of the possibility of such damages. Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

You will indemnify and hold harmless Fency, its affiliates, and their officers, directors, employees, and agents from any third-party claim arising from: (a) your use of the Services; (b) Customer Content; or (c) your violation of these Terms or applicable law. Fency may assume the exclusive defense of any such claim, and you will cooperate as reasonably requested.

The parties agree to first attempt to resolve any dispute arising out of or relating to these Terms informally for at least thirty (30) days before initiating formal proceedings. Such informal negotiations commence upon written notice from one party to the other.

If a dispute cannot be resolved informally, it shall be submitted to the non-exclusive jurisdiction of the courts of Oslo, Norway. If your habitual residence is in the EU and you are a consumer, you additionally possess the protection provided by the mandatory provisions of the law of your country of residence and may bring proceedings in the courts of your country of residence.

These Terms are governed by and construed in accordance with the laws of Norway, without regard to conflict of law principles. The United Nations Convention on Contracts for the International Sale of Goods is expressly excluded.

Fency may update these Terms from time to time. If we make a material change, we will notify you by email or through the Services at least thirty (30) days before the change takes effect. Continued use of the Services after the effective date constitutes acceptance of the updated Terms.

You must comply with all applicable export control and trade sanction laws when using the Services. You represent that you are not subject to any embargo or restriction that would prohibit your use of the Services.

Fency will not be liable for failure or delay in performance due to causes beyond its reasonable control, including natural disasters, acts of government, pandemic, internet disturbances, or third-party infrastructure failures.

• Entire agreement. These Terms, together with the Privacy Policy, Data Processing Addendum, and any order forms, constitute the entire agreement between you and Fency regarding the Services.
• Assignment. You may not assign these Terms without Fency's prior written consent. Fency may assign freely.
• Severability. If any provision of these Terms is held invalid or unenforceable, the remaining provisions remain in full effect.
• Waiver. Failure to enforce any provision of these Terms is not a waiver of future enforcement.
• Independent contractors. The parties are independent contractors. These Terms do not create an agency, partnership, or joint venture.