Terms of Use

Effective date: 9 September 2026 Version: 1.1.0 · Supersedes the version dated 16 April 2026

These Terms of Use (“Terms”) are a legally binding agreement between you and Flyb Digital Solutions, LLC, a limited liability company organised under the laws of the State of Wyoming, United States (“FlyB”, “we”, “our”, “us”).

Please read section 17. Limitation of Liability and section 18. Governing Law and Dispute Resolution carefully. They limit our liability and require most disputes to be resolved by individual arbitration rather than in court. Section 18.6 tells you how to opt out of arbitration within 30 days.

1. What These Terms Cover

These Terms govern your access to and use of:

1. The Platform — the website at flyb.app and all associated subdomains, including the dashboard, the documentation site and the public marketing site;
2. The Services — every tool made available through the Platform, including the AI generation features, the CRM, calendars and booking, forms, e-mail sending and campaigns, blogs, tracked URLs and QR Codes, analytics, checkout integrations and the public API;
3. User Sites — every landing page, blog, booking page, form and short link you generate, host or publish through FlyB, whether served on a FlyB domain or on a custom domain you connect.

These Terms incorporate by reference, and you agree to, the following documents, each of which forms part of this agreement:

• the Privacy Policy
• the Cookie Policy
• the Acceptable Use Policy
• the Service Level Agreement
• the Data Processing Addendum, where it applies to you
• the Sub-processor list

Where a conflict exists, the order of precedence is: the Data Processing Addendum (for matters of personal-data processing), then these Terms, then the other documents.

1.1 Acceptance

By creating an account, accessing or using any part of the Services, you:

• confirm that you have read, understood and accept these Terms in full;
• agree to be legally bound by them;
• represent that you are at least 18 years old, or the age of majority in your jurisdiction, and have full capacity to enter into a binding contract;
• undertake to comply with all applicable laws and regulations.

We record the moment of acceptance, together with the version accepted, the time, the IP address, the user agent and the page on which acceptance was given.

1.2 Accepting on behalf of an organisation

If you accept these Terms for a company or other legal entity, you represent that you have authority to bind that entity, and “you” refers to that entity. The person who creates an organisation on the Platform is its Owner and is responsible for the acts and omissions of every user they admit to it.

1.3 Changes to these Terms

We may revise these Terms. For changes that materially reduce your rights or expand our processing of your data, we will give at least thirty (30) days’ notice by e-mail or by a prominent notice in the product before the change takes effect. Other changes take effect when published.

Your continued use of the Services after the effective date of a revised version constitutes acceptance of it. If you do not accept a revision, you must stop using the Services and may close your account; where the revision materially reduces your rights and you cancel a paid plan within thirty (30) days of the notice, we will refund the unused portion of your prepaid term on a pro-rata basis.

2. The Services

2.1 What FlyB is

FlyB is a software-as-a-service platform. We provide tools; you decide what to build with them, what to publish and whom to contact. We are a service provider and host, not a publisher, an advertiser, a marketing agency, a payment processor, an e-mail service provider or a party to any transaction between you and your own customers.

2.2 Availability, changes and deprecation

We aim to provide a continuous service and commit to the response and resolution targets set out in the Service Level Agreement. We do not warrant uninterrupted or error-free operation.

We may add, change, suspend or discontinue any feature. Where we discontinue a material feature on which a paid plan depends, we will give at least thirty (30) days’ notice where reasonably practicable, and you may cancel and receive a pro-rata refund of the unused prepaid term.

2.3 Beta and preview features

Features labelled beta, preview, experimental or early access are provided as is, may be changed or withdrawn at any time without notice, are excluded from the Service Level Agreement, and carry no warranty of any kind.

2.4 Maintenance

We may perform scheduled maintenance, and will give reasonable notice of maintenance expected to cause material disruption. Emergency maintenance necessary to preserve the security or integrity of the Platform may be performed without notice.

3. Eligibility, Sanctions and Export Control

You may not use the Services if you are:

• under 18 years of age;
• barred from receiving them under the laws of the United States or any other applicable jurisdiction;
• located in, ordinarily resident in, or organised under the laws of a country or territory subject to comprehensive United States sanctions; or
• listed on, or majority-owned by a party listed on, any United States restricted-party list, including the OFAC Specially Designated Nationals list.

You represent that none of the above applies to you, and you agree not to make the Services available to any such person. You will not export or re-export any part of the Services in breach of applicable export-control laws.

4. Your Account

4.1 Accuracy and security

You must provide accurate registration information and keep it current. You are responsible for all activity under your account.

4.2 Credentials must not be shared

You must not share your sign-in credentials or API keys with anyone. If another person needs access, invite them as a team member with an appropriate role. Each API key grants full access to the data of one organisation; treat it as a password, never place it in front-end code or in a public repository, and revoke any key you believe has been exposed.

4.3 Notify us of compromise

You must notify us at [email protected] without undue delay if you become aware of any unauthorised use of your account, any compromised credential or any security incident affecting your use of the Services.

4.4 Team members

You may invite users up to the limit of your plan. You are responsible for setting their permissions appropriately, for their conduct on the Platform, and for removing access when it is no longer required.

4.5 Inactive accounts

We may deactivate and delete an account on the Free plan that has shown no sign-in activity for six (6) consecutive months, after giving at least thirty (30) days’ notice to the registered e-mail address. Paid accounts in good standing are not subject to this section.

5. Licence and Restrictions

5.1 Licence granted to you

Subject to these Terms and to your plan being in good standing, FlyB grants you a limited, personal, non-exclusive, non-transferable, non-sublicensable and revocable licence to access and use the Platform and the Services for your own business purposes, including building and hosting sites for your own clients.

This is a right of access, not a transfer of title. All rights in the Services remain with FlyB and its licensors — see 15. Ownership.

5.2 What you must not do

The full list of prohibited conduct is in the Acceptable Use Policy, which forms part of these Terms. In summary, you must not:

• reverse engineer, decompile or attempt to derive the source code, underlying models or model weights of any part of the Services;
• circumvent any security control, usage limit, plan limit or Flight metering mechanism;
• use the Services, their outputs or their prompts to train, develop or improve a competing product or model;
• scrape, crawl or automatically extract data from the Platform other than through the public API within its documented limits;
• resell the Platform as a standalone product, or operate it on a time-sharing or service-bureau basis;
• upload malicious code, or interfere with the operation, security or integrity of the Platform or of any User Site;
• use the Services to send unsolicited communications, or in breach of any anti-spam, telecommunications or consumer-protection law;
• use AI output in a high-risk context — medical, legal, financial, safety-critical or any decision producing a legal or similarly significant effect on a person — without qualified human review; or
• misrepresent AI-generated content as human-authored where doing so is unlawful or breaches a rule applicable to your sector.

5.3 Fair use of “unlimited” allowances

Where a plan describes an allowance as unlimited, that means without a numeric cap for ordinary business use of the feature as designed. It does not license use that materially degrades the service for other customers or that is functionally indistinguishable from resale, bulk data storage or automated abuse. If your usage reaches that point we will contact you first and work with you on a solution before taking any action.

6. Fees, Billing and Taxes

6.1 Plans

FlyB is offered on a free tier (Check-in) and on paid tiers (Plus and Prime). What each includes is described in the plan documentation and on our pricing page, which together form the commercial description of the Services.

6.2 Currency and price changes

Plans are sold in United States dollars (USD) and in Brazilian reais (BRL). Each is a separate price, not a conversion: the currency shown to you when you subscribe is the currency in which your card is charged, and it remains the currency of your renewals for as long as that subscription lasts. Which one you are offered follows the language your interface is set to.

We may change our prices. A price change affecting a plan you already subscribe to takes effect at your next renewal and will be notified at least thirty (30) days beforehand. You may cancel before renewal if you do not accept it.

6.3 Billing and auto-renewal

Paid plans are billed in advance, monthly or annually, and renew automatically at the then-current rate for a further period of the same length unless cancelled. Annual plans are billed as a single upfront payment for the twelve-month term.

6.4 Free trials

No free trial is currently offered. Paid plans are charged on the day the subscription starts.

If we offer a free trial in future, no charge is made during the trial period; unless you cancel before it ends, the subscription converts automatically to a paid subscription and the first charge is taken. Trials would be limited to one per customer and may not be combined or stacked.

6.5 Cancellation

You may cancel at any time from your account settings. To avoid being charged for the next cycle you must cancel at least twenty-four (24) hours before your renewal date. You keep access to your plan’s features until the end of the paid period, after which the account reverts to the Free plan and its limits.

6.6 Upgrades and downgrades

Upgrades take effect immediately on payment of the pro-rated difference; your renewal date is unchanged. Downgrades take effect at the end of the current paid cycle, with no partial refund for the remaining days. On downgrade, an account exceeding the lower plan’s limits may have the excess archived or disabled until it fits; nothing is deleted for this reason, but affected pages stop serving.

6.7 Refunds

Except where these Terms expressly state otherwise, or where a refund is required by mandatory law in your jurisdiction, fees are non-refundable and there are no refunds or credits for partial periods, unused Flights, or features not used.

This section does not affect any statutory right of withdrawal or cancellation available to you as a consumer under the law of your place of residence, including the Brazilian Código de Defesa do Consumidor and the EU Consumer Rights Directive.

6.8 Failed payments

If a payment fails, we may retry it, suspend access, or downgrade your account after notifying you. Access is restored on successful payment.

6.9 Chargebacks

If you dispute a charge, please contact [email protected] first. Initiating a chargeback without contacting us may result in immediate suspension pending resolution. Fees and costs we incur from a chargeback later found to be unjustified may be charged to you.

6.10 Taxes

Fees are exclusive of taxes. You are responsible for all sales, use, VAT, GST, ISS, withholding and similar taxes and duties arising from your purchase, other than taxes on FlyB’s net income. Where we are required to collect a tax, it will be added at checkout.

7. Flights (Usage Credits)

7.1 What a Flight is

“Flights” are the units in which usage of the Platform’s processing capacity is measured. Flights:

• are not electronic money, a deposit, a stored-value instrument, a security or any form of financial product;
• have no cash value, cannot be transferred, sold, exchanged or redeemed for money;
• represent a limited, revocable, non-transferable licence to consume a defined amount of processing on the Platform.

7.2 Allocation and expiry

• Free plan. A one-time allocation of promotional Flights, valid for thirty (30) days from account creation, after which any unused balance lapses automatically. Upgrading to a paid plan inside that window carries the remainder into the first paid month.
• Paid plans. A monthly quota that resets on each renewal date. Flights are provided on a use-it-or-lose-it basis and do not roll over. Annual plans receive twelve months’ allocation in advance.
• Downgrading to the Free plan does not grant a further promotional allocation.
• On cancellation or termination, any remaining balance is forfeited.

7.3 Purchased Flights

Additional Flights may be purchased by customers with an active paid subscription. Purchased Flights are valid until the next renewal date, when the balance resets. Purchases of Flights are final and non-refundable.

7.4 Consumption

A Flight is debited at the moment a request is transmitted to the processing infrastructure, because that is when the cost to us is incurred. Where an operation fails for a reason attributable to FlyB, the Flights are credited back automatically. Where a single operation is made of many requests priced together — a FlyB Hunt AI search, priced by the number of contacts it analyses — its whole price is debited when it starts, and the Flights of the work it did not complete are credited back automatically when it ends, as described in the documentation of that feature.

Flights are not refunded on the basis that you are dissatisfied with the style, quality, tone or creativity of a result, nor because a third party subsequently failed to deliver a message or process a transaction.

7.5 Rates

Consumption rates vary by operation and by plan and may be adjusted. The rate that applies is the one displayed in the Platform at the moment you perform the operation. Your Flights ledger is the authoritative record of your consumption, absent manifest error.

8. Artificial Intelligence Features

8.1 How AI is used

Parts of the Services use artificial intelligence and machine-learning systems, operated by FlyB or by third-party providers, to generate landing pages, page sections, blog posts, e-mail templates, images, videos and analytical summaries from inputs you supply, to score your contacts against criteria you write (FlyB Hunt AI), and to judge whether your contacts’ incoming messages, or their records, match conditions you write in CRM automations, which then act on that judgment as you configured them.

8.2 Output is generated, not verified

AI output is produced automatically and probabilistically. It may be inaccurate, incomplete, outdated, biased, misleading or entirely fabricated, and it may inadvertently resemble existing material.

You are solely responsible for reviewing, correcting and verifying every AI output before publishing it, sending it or relying on it. This applies with particular force to statements about prices, availability, results, qualifications, health, safety, legal or financial matters, and to anything regulated in your sector.

8.3 No warranty of result

We provide the tools; we do not warrant that any output will meet your aesthetic preferences, creative expectations, commercial requirements or any standard of quality, originality or fitness. The quality of output depends substantially on the inputs you provide.

8.4 High-risk use is prohibited

You must not use AI output as the operative basis for medical, legal, financial, employment, credit, insurance, housing or safety-critical decisions, or for any decision producing legal or similarly significant effects on a person, without qualified human review.

8.5 Third-party model providers

Prompts, inputs and content you submit to an AI feature may be transmitted to third-party model providers to produce the output. Those providers are listed in the Sub-processor list and their handling of the data is governed by their own terms.

8.6 Features running on your own provider account

Some features — currently the AI video generator and the AI image generator — run on an account you hold with a third-party provider (OpenRouter), using an API key you supply.

For those features:

• your API key is stored in your browser only and is not transmitted to or stored on FlyB’s servers;
• requests, prompts, reference images and results travel directly between your browser and the provider, and do not pass through FlyB’s infrastructure;
• your use is governed by your own agreement with that provider, including its privacy policy. FlyB is not a party to that agreement, exercises no control over it, and has no visibility into or control over how the provider or the model operators behind it use, retain, disclose or train on what you send;
• the provider bills you directly. FlyB charges no fee and no Flights for these operations, and is not responsible for the provider’s charges, availability, performance, content policies or account decisions;
• results may be hosted by the provider on links that expire. You are responsible for downloading and retaining anything you wish to keep.

Do not submit confidential, personal or regulated data to these features unless you have satisfied yourself that the provider and the model you select handle it appropriately.

8.7 Rights in AI output

See 15.3.

9. Your Content and Your User Sites

9.1 You own your content

As between you and FlyB, you retain all rights in the data, text, images, files, prompts and other material you upload, input or generate through the Services (“Customer Content”), and in the specific arrangement of content and logic in the sites you build.

9.2 Licence you grant us

You grant FlyB a worldwide, non-exclusive, royalty-free licence to host, store, copy, transmit, adapt, display and process Customer Content solely to the extent necessary to provide, secure, maintain and support the Services, including publishing your User Sites to the public where you have chosen to publish them, and to comply with law.

This licence ends when the content is deleted, subject to the retention periods in the Privacy Policy and to residual copies in backups.

9.3 You are responsible for what you publish

You are solely responsible for Customer Content and for your User Sites, including their legality, accuracy, and compliance with intellectual-property, advertising, consumer-protection, accessibility and data-protection law. FlyB does not pre-screen content and is not responsible for it.

You must ensure your User Sites carry whatever notices your own operation requires, including a privacy notice, cookie information and terms of sale where applicable.

9.4 You warrant that you have the rights

You represent and warrant that you own or have all necessary rights, licences and consents in Customer Content, and that its use through the Services does not infringe or misappropriate any third-party right or breach any law.

9.5 Removal

We may remove, disable or restrict access to any content or User Site that we reasonably believe breaches these Terms, the Acceptable Use Policy or applicable law, or that exposes FlyB or its users to legal risk or to harm. Where practicable and lawful, we will tell you why.

9.6 Copyright complaints

If you believe material hosted by FlyB infringes your copyright, send a notice to [email protected] containing: your contact details; identification of the work; the URL of the material; a statement that you have a good-faith belief the use is unauthorised; a statement, under penalty of perjury, that the information is accurate and that you are the rights holder or authorised to act for them; and your signature. We will respond in accordance with applicable law and may remove the material and terminate repeat infringers.

10. Usernames, Slugs and URLs

Choosing a username, a page slug, a blog slug or a short-link address grants you a limited licence to use that identifier within the FlyB ecosystem. It creates no proprietary or trademark right in the identifier.

Short-link addresses are allocated across the whole platform on a first-come basis; there is no per-customer namespace.

We may reclaim, reassign or disable an identifier that: could be confused with an official FlyB page or system route; is offensive or breaches the Acceptable Use Policy; impersonates a person or brand or infringes a trademark; or is attached to a dormant Free-plan account.

Where we do so for a reason other than your breach, we will give you reasonable notice and the opportunity to choose another identifier. Reclamation does not entitle you to a refund, compensation or Flights, and FlyB is not liable for lost traffic or search ranking arising from it.

11. Data Protection

11.1 The two roles

• For account data — your registration details, billing records, usage telemetry and support correspondence — FlyB acts as an independent controller.
• For Customer Content, including the personal data of your own leads, customers, blog members and booking guests, you are the controller and FlyB is the processor, acting on your documented instructions.

The Data Processing Addendum governs that processing and forms part of these Terms where applicable data-protection law requires it.

11.2 Your obligations as controller

You are responsible for having a lawful basis for every person whose data you place in FlyB, for giving them the information the law requires, for honouring their rights, and for the lawfulness of the communications you send them. You must not import purchased, rented or scraped lists.

11.3 Data you must not upload

The Services are not designed or certified for high-risk categories of data. You must not upload, input or transmit:

• protected health information subject to HIPAA or equivalent health-privacy regimes;
• payment card numbers or bank account credentials outside the secure Stripe checkout;
• government identifiers such as social security, passport or national identity numbers;
• biometric identifiers, or special categories of personal data under the GDPR or sensitive personal data under the LGPD, except where you have a valid lawful basis and have accepted the risk of doing so.

FlyB has entered into no business associate agreement, offers no PCI-DSS environment for cardholder data, and disclaims all liability arising from your decision to place such data in the Services. We may delete data we identify as falling into these categories, to protect the integrity of the Platform.

11.4 International transfers

The Services are operated from, and your data is processed in, the United States and other countries. By using the Services you acknowledge that transfer. Where transfers from the EEA, the United Kingdom, Switzerland or Brazil require a transfer mechanism, we rely on the mechanisms described in the Privacy Policy.

12. Third-Party Services, Integrations and Deliverability

12.1 Integrations are yours to accept

The Services integrate with third parties including Stripe, Google, Meta/WhatsApp, Make, OpenRouter and the SMTP provider you configure. FlyB does not own or control them. Enabling an integration is your instruction to us to exchange data with it, and your use of it is governed by that provider’s own terms and privacy policy.

WhatsApp Web. Where your account has it, the WhatsApp Web integration links a number you are entitled to use to FlyB as a device of the phone, through a WhatsApp Web session. It is not Meta’s official business platform: it is subject to WhatsApp’s Terms of Service and to every rule and usage restriction that applies to WhatsApp Web and to linked devices, and WhatsApp may disconnect, limit or ban a number used this way at its own discretion. It is provided as available, without any commitment on delivery or continuity, and FlyB may suspend or withdraw it, for an account or for everyone, at any time.

12.2 No responsibility for third-party acts

FlyB is not liable for any loss, interruption, data loss, account restriction or business impact caused by a third-party provider — including your WhatsApp number being restricted by Meta, or a number linked through WhatsApp Web being disconnected, limited or banned by WhatsApp, your Stripe account being suspended, your Google access being revoked, your SMTP provider throttling or blocking you, your domain registrar or DNS provider failing, or a model provider changing or withdrawing a model. No Flights are refunded for such events.

12.3 E-mail deliverability

FlyB transmits e-mail through the SMTP server you configure, under your domain and your sending reputation. We do not guarantee delivery to any inbox. Delivery depends on your domain authentication (SPF, DKIM, DMARC), your sending reputation, recipient filters and the policies of intermediate providers — none of which FlyB controls.

You are responsible for compliance with anti-spam and electronic-communications law, including the CAN-SPAM Act, the LGPD, the GDPR and the ePrivacy Directive. See the Acceptable Use Policy.

12.4 Consumption is final

A Flight is consumed when FlyB successfully triggers the request to the third-party service. Whether that third party then delivers the message or completes the transaction does not affect the consumption.

13. Selling Through FlyB

Where you use the checkout features:

• You are the merchant of record. The contract of sale is between you and your buyer. FlyB is not a party to it.
• Funds go directly to your Stripe account. FlyB does not hold, receive, intermediate or disburse your customers’ funds, and does not process card data.
• You are responsible for your products and services, for delivery, for customer support, for refunds and chargebacks, for your own terms of sale and privacy notice, and for all applicable consumer-protection and tax obligations.
• Your use of Stripe is governed by your agreement with Stripe. A suspension or restriction imposed by Stripe is outside FlyB’s control.
• You must not use the checkout to sell anything prohibited by the Acceptable Use Policy or by Stripe’s own restricted business list.

You will indemnify FlyB in respect of claims by your buyers arising out of your sales — see 17.2.

14. Affiliate Program

Participation in the affiliate program is optional and subject to these Terms and to the Acceptable Use Policy.

• Approval is discretionary. Applications are reviewed within seven (7) days and may be declined without a right of appeal.
• Rebates are earned as described in the program documentation, on qualifying payments by clients who first reach FlyB through your affiliate link and are validated by us. Attribution is determined by FlyB’s own records.
• Payouts are made by the method you select, once a rebate has been validated and a payout method has been configured. Stripe payouts are subject to regional restrictions outside FlyB’s control.
• A rebate attached to a payment that is later refunded, reversed, charged back or found to be fraudulent may be cancelled or set off against future rebates.
• Prohibited affiliate conduct includes: referring yourself or an organisation you control; creating accounts to harvest rebates; bidding on FlyB brand terms in paid search or using FlyB’s name in a domain; misrepresenting FlyB, its features, its pricing or your relationship with it; using cookie-stuffing, forced clicks, incentivised signups or automated traffic; and promoting the link through spam.
• We may suspend an affiliate for breach, in which case the link stops generating rebates and unpaid rebates attributable to the breach are forfeited. We may modify or end the program on notice; rebates already validated at that point are honoured.

You participate as an independent contractor. Nothing in the program creates an employment, agency, partnership or joint-venture relationship.

15. Ownership and Intellectual Property

15.1 FlyB’s rights

FlyB and its licensors retain all right, title and interest in the Platform and the Services, including all software, source code, databases, APIs, the Flight metering system, prompt engineering, templates, layout styles, AI agent configurations, designs, interfaces, documentation, and the FlyB name, logo and brand. Except for the licence in 5.1, no rights are granted to you.

15.2 Your rights

You own your Customer Content and the arrangement of content and logic in the projects you build. See 9.1.

15.3 AI output

As between you and FlyB, you own the specific outputs generated for you through the Services, subject to three qualifications:

1. the rights and terms of the underlying model providers, including any licence condition attaching to a model you selected yourself;
2. the fact that material generated by an AI system may not be eligible for copyright protection in some jurisdictions, including the United States; and
3. the fact that similar or identical output may be generated for other users, so no exclusivity is granted or implied.

15.4 Usage data

FlyB owns the aggregated and de-identified usage data generated by interaction with the Services — feature adoption, performance telemetry, Flight consumption patterns — and may use it to operate, secure, analyse, benchmark and improve the Services, and to produce statistics. Such data never identifies you or any individual.

15.5 Feedback

If you send us suggestions, ideas or feature requests, you grant FlyB a perpetual, irrevocable, worldwide, royalty-free licence to use and implement them for any purpose, without compensation, attribution or any obligation of confidence.

15.6 No implied transfer

Nothing in these Terms transfers ownership of the Services or FlyB materials to you, or of Customer Content to FlyB.

16. Suspension and Termination

16.1 Termination by you

You may stop using the Services and close your account at any time, from your account settings. Closing an account does not by itself entitle you to a refund — see 6.7.

16.2 Suspension

We may suspend your access, or that of a specific user, feature or User Site, immediately and without prior notice where we reasonably believe it is necessary to:

• stop a breach of these Terms or of the Acceptable Use Policy;
• stop unlawful activity, or activity harmful to another person;
• protect the security, stability or integrity of the Platform;
• respond to excessive bounce rates, spam complaints or any activity threatening our standing with e-mail providers, carriers, registrars or payment partners; or
• comply with law or a binding order.

We will notify you of a suspension and its reason as soon as reasonably practicable, and will restore access once the cause is resolved. A suspension for a matter you resolve does not, by itself, terminate the agreement.

16.3 Termination by FlyB

We may terminate this agreement:

• immediately, for a material breach that is incapable of remedy, or that you have not remedied within ten (10) days of written notice;
• immediately, for non-payment persisting after notice;
• immediately, where required by law or where continuing would expose FlyB to legal or reputational harm; or
• for convenience, on thirty (30) days’ notice, refunding the unused portion of any prepaid term on a pro-rata basis.

16.4 Effect of termination

On termination: your licence ends; your access to the dashboard, your data and your User Sites is withdrawn; your User Sites stop serving; and any remaining Flights are forfeited without compensation.

16.5 Getting your data out

Export your data before you terminate. The Platform provides contact export, and the public API allows programmatic retrieval, while your account is active.

Following termination other than for your material breach, we will on written request made within thirty (30) days provide a reasonable export of your Customer Content in a machine-readable format. After that period, or immediately following termination for your material breach, we are under no obligation to retain or return it, and it is deleted in accordance with the Privacy Policy.

16.6 Survival

Sections 5.2, 6.7, 6.9, 6.10, 7.1, 8.2–8.6, 9.4, 11, 15, 16.4–16.6, 17, 18 and 19 survive termination, together with any other provision which by its nature should survive.

17. Warranties, Indemnification and Limitation of Liability

17.1 Disclaimer of warranties

THE PLATFORM, THE SERVICES, THE USER SITES AND ALL AI OUTPUT ARE PROVIDED “AS IS” AND “AS AVAILABLE”. To the fullest extent permitted by law, FlyB and its licensors disclaim all warranties, express, implied or statutory, including the implied warranties of merchantability, fitness for a particular purpose, title and non-infringement.

Without limiting that, we do not warrant that: AI output will be accurate, complete, original or fit for any purpose; the Services will be uninterrupted, timely, secure or error-free; defects will be corrected; the Services will be free of harmful components; e-mail will reach any inbox; a page will achieve any search ranking; or that use of the CRM or marketing tools will produce any business outcome, lead or profit.

Nothing in these Terms excludes liability that cannot lawfully be excluded, including liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or any non-excludable right you have as a consumer under mandatory local law.

17.2 Indemnity

You will defend, indemnify and hold harmless FlyB, its members, officers, employees and affiliates from and against any third-party claim, and any resulting loss, damage, liability, fine, settlement or reasonable legal cost, arising out of or relating to:

1. your Customer Content or your User Sites, including any allegation that they infringe or misappropriate a third-party right, or breach advertising, consumer or data-protection law;
2. your use of the Services, including your e-mail, WhatsApp and automation activity and any allegation of spam;
3. your breach of these Terms, of the Acceptable Use Policy or of applicable law, including data-protection law relating to your own leads and customers;
4. transactions between you and your own customers, including your products, delivery, refunds and chargebacks; and
5. your breach of the terms of a third-party provider you connected.

We will notify you of the claim, give you control of the defence (subject to our right to participate with our own counsel at our own cost), and cooperate reasonably. You may not settle a claim in a way that imposes any obligation or admission on FlyB without our written consent.

17.3 Exclusion of indirect damages

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLYB WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFIT, REVENUE, BUSINESS, GOODWILL, DATA, SEARCH RANKING OR ANTICIPATED SAVINGS, however caused and on any theory of liability, even if advised of the possibility.

This expressly includes losses arising from: reliance on AI output; downtime or data loss caused by an infrastructure or model provider; the acts, omissions or enforcement decisions of a third-party provider; and non-delivery of e-mail or messages.

17.4 Cap on liability

FLYB’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES WILL NOT EXCEED THE GREATER OF (a) THE TOTAL AMOUNT YOU ACTUALLY PAID TO FLYB IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM, AND (b) ONE HUNDRED UNITED STATES DOLLARS (US$100).

Where you use the Services on the Free plan, FlyB’s total aggregate liability will not exceed fifty United States dollars (US$50).

17.5 Allocation of risk

You acknowledge that the disclaimers and limitations in this section are an essential basis of the bargain, that they reflect the fees charged, and that FlyB would not provide the Services on these commercial terms without them.

18. Governing Law and Dispute Resolution

18.1 Governing law

These Terms and any dispute arising out of them are governed by the laws of the State of Wyoming, United States, without regard to its conflict-of-law rules, and excluding the United Nations Convention on Contracts for the International Sale of Goods.

Where you are a consumer resident in the European Union, the United Kingdom or Brazil, this choice of law does not deprive you of the protection of the mandatory consumer-law provisions of your country of residence, and you may bring proceedings in the courts of that country where the law gives you that right.

18.2 Talk to us first

Before starting a formal proceeding, you agree to try to resolve the dispute informally by writing to [email protected] with a description of the dispute and the relief sought. Both parties will attempt in good faith to resolve it within thirty (30) days. This step is a precondition to arbitration and does not toll any limitation period beyond what the law allows.

18.3 Binding arbitration

Subject to 18.1, 18.5 and 18.6, any dispute that is not resolved informally will be settled by binding individual arbitration administered by the American Arbitration Association under its Commercial Arbitration Rules (or its Consumer Arbitration Rules where you are a consumer).

• Seat: Sheridan, Wyoming, or another location the parties agree.
• Language: English.
• Form: where the amount in dispute permits, the arbitration may be conducted on documents only or by video conference; you will not be required to travel.
• Judgment on the award may be entered in any court of competent jurisdiction.

18.4 Class action waiver

YOU AND FLYB AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE OR REPRESENTATIVE PROCEEDING. The arbitrator may not consolidate claims or preside over a representative proceeding. If this waiver is held unenforceable as to a particular claim, that claim — and only that claim — must be brought in court.

18.5 Exceptions

Either party may, without regard to 18.3: bring an individual claim in a small-claims court with jurisdiction; and seek injunctive or equitable relief in a court of competent jurisdiction to protect intellectual property, confidential information or the security of the Platform.

18.6 How to opt out of arbitration

You may opt out of the arbitration agreement and the class action waiver in 18.3 and 18.4 by sending written notice to [email protected] with the subject line “Arbitration Opt-Out”, stating your name and the e-mail address of your account, within thirty (30) days of first accepting these Terms. Opting out affects nothing else in these Terms and will not affect your account in any way.

18.7 Time limit

To the extent permitted by law, any claim arising out of these Terms must be brought within one (1) year after it arose, or it is permanently barred. This does not apply where mandatory local law provides a longer period.

19. General

19.1 Entire agreement

These Terms, together with the documents incorporated in section 1, are the entire agreement between you and FlyB on their subject matter and supersede all prior communications, proposals and representations.

19.2 Severability

If any provision is held invalid or unenforceable, it will be interpreted so as to achieve its intent as closely as possible, or, failing that, severed. The remaining provisions stay in full force.

19.3 No waiver

A failure to enforce a provision is not a waiver of it, and no waiver is effective unless in writing.

19.4 Assignment

You may not assign or transfer these Terms without our prior written consent. FlyB may assign them to an affiliate, or in connection with a merger, acquisition or sale of substantially all of its assets, on notice to you.

19.5 Force majeure

Neither party is liable for a failure or delay caused by an event beyond its reasonable control, including natural disaster, war, terrorism, civil unrest, epidemic, labour dispute, governmental action, failure of a public network or utility, denial-of-service attack, or the failure of a third-party infrastructure or model provider. This does not excuse an obligation to pay amounts already due.

19.6 Relationship of the parties

The parties are independent contractors. Nothing creates a partnership, joint venture, agency, franchise or employment relationship.

19.7 No third-party beneficiaries

There are no third-party beneficiaries to these Terms, except that the disclaimers, indemnity and limitations in section 17 apply for the benefit of FlyB’s members, officers, employees, affiliates and licensors.

19.8 Notices

We give notices by e-mail to the address registered on your account, or by a notice in the Platform. A notice by e-mail is deemed received on the day it is sent. You give notices to [email protected]. It is your responsibility to keep your registered e-mail address current.

19.9 Language

These Terms are written in English. Any translation is provided for convenience only, and the English version governs in the event of any discrepancy.

19.10 Headings

Headings are for convenience and do not affect interpretation.

20. Contact

Flyb Digital Solutions, LLC

See also the Contact page.