https://app.fyxer.com/assets/ConsumerTermsPage-SqRfiiE0.js

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2# Fyxer AI Consumer Terms of Use
3
4**Effective from 22 September 2026**
5
6These terms apply to individual accounts opened from 22 September 2026 and used for personal purposes. If you use Fyxer for anything to do with your work, trade or business, including as a sole trader, the [Organisation Terms](/terms/organisation) apply instead. If someone has shared a note or meeting with you and you do not have your own account, the [User Terms](/terms/user) apply.
7
8## 1. These terms
9
101.1 These terms are the agreement between you and Fyxer AI Limited (company number 15189973, registered office Chancery House, 53-64 Chancery Lane, London, WC2A 1QS) ("Fyxer", "we", "us", "our").
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121.2 By creating an account, clicking to accept these terms, or using the Service, you agree to them. If you do not agree, do not use the Service.
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141.3 These are consumer terms. They are for individuals using the Service wholly or mainly outside any trade, business, craft or profession. If you use the Service for business purposes, including as a sole trader or freelancer, you need the Organisation Terms instead, and you can switch at any time from your account settings.
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161.4 Nothing in these terms affects your statutory rights. Where a legal right cannot be excluded, that right prevails.
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181.4A Where you live matters. These terms apply to consumers wherever they are. Some rules differ by country, so two schedules at the end set out the provisions that apply depending on where you live: Schedule A for residents of the United States, and Schedule B for residents of the United Kingdom, Norway and Switzerland. Where a schedule applies to you, it takes priority over the main terms on the matters it covers. If you live somewhere else, the main terms apply and any protections the law of your country gives you that cannot be excluded still apply.
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201.5 Supplemental terms. Some features have their own additional terms, shown to you before you use the feature. Where they conflict with these terms, they apply to that feature.
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221.6 If you subscribed before 22 September 2026. These terms apply to accounts opened on or after 22 September 2026. If you already had a Fyxer subscription before then, your existing terms and your existing plan and price continue unchanged. We will not move you onto these terms without asking you. If you choose to move to one of our newer plans, we will show you these terms and ask you to accept them first, and they will replace your existing terms from that point.
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241.7 If you move to an organisation or team account. If your account becomes part of an organisation's organisation account, whether because you join one or because an organisation claims it under clause 11, these terms stop applying to that account and the Organisation Terms and User Terms apply instead. Clause 11 explains what that means for your content.
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26## 2. Your account
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282.1 You must be at least 18 to use the Service.
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302.2 You are responsible for keeping your credentials secure and for activity under your account. Tell us at [email protected] if you think someone else has accessed it.
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322.3 You must give us accurate account and billing information and keep it current, including a working email address. Notices we send to that address count as properly given even if it has stopped working.
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342.4 Your account is personal to you. You must not share, sell, rent or transfer it, or let anyone else use your credentials.
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362.4A Sharing a note with a viewer. You may share a note, transcript or meeting with another person so they can view it, as a Vie

36wer, on the terms of our User Terms. This is the one way you may give another person access to your account's content, and it does not breach clause 2.4, clause 3.7 or clause 9.2. A Viewer may only view what you share and cannot record, use chat or run automated workflows.
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382.5 If you sign up with a work email address. If the address you use is provided by your employer or another organisation, clause 11 applies to your account and to the content in it. Read it before you sign up. Using the Service with your organisation's data is business use, and you should be on the Organisation Terms.
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402.6 Free plans. You can use the Service on a free plan with a smaller quantity of included Credits. On a free plan we may pause scheduled features, such as your daily briefing, after 30 days without activity, and disconnect an unused mailbox after 90 days; reconnecting or signing in restores them.
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422.6A Closing inactive free accounts. We do not keep free accounts that are no longer being used. Counting from the day your account was last active, and while it stays inactive:
43
44- (a) after 30 days, we pause scheduled features such as your daily briefing (as in clause 2.6);
45- (b) after 60 days, we email you to say your account will be deleted if it stays inactive;
46- (c) after 75 days, we email you again to remind you; and
47- (d) after 90 days, we delete the account and all associated Fyxer content, as described in clause 10.8. This does not delete the records we keep under clause 10.10, such as your billing records.
48
49Any activity at any point stops this and resets the clock, and signing back in restores paused features. Activity means any use of the account or of the Service on your behalf, including signing in, a connected mailbox or calendar being processed, a meeting being recorded, or a draft being prepared or sent. This clause does not apply to an account with a current paid subscription. If a paid account moves to the free plan for any reason, including under clause 4.4 or at the end of a paid period, it is treated as a free account under this clause from that point.
50
51## 3. Your plan, included Credits and Top-ups
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533.1 Your plan, its price and what it includes are set out on the Subscription Page when you subscribe.
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553.2 Included Credits. Your plan includes a monthly quantity of usage, measured in Credits and described on the Subscription Page (your "included Credits"). Meetings recorded and transcribed, emails drafted and other actions draw on your included Credits. They reset on the same day of each month, whether you pay monthly or annually, and unused included Credits do not carry over from one month to the next.
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573.2A Features with their own allowance. Some features have a separate allowance measured in their own units, such as the number of emails sorted, and their own price for usage above it. Where that applies, the Subscription Page says so and shows the price. Usage above a separate allowance is charged at that price rather than drawn from your included Credits or Top-ups.
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593.3 How we measure usage. We measure usage against your allowance using our systems. Our records are conclusive unless obviously wrong. We show your usage in the Service so you can track it. A recorded meeting is counted once, against the account the recording was made in, however many people attend it.
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613.4 When your included Credits run out. We will warn you as you use your included Credits up. When they run out, metered features pause until your included Credits reset at the start of the next month or until you buy Top-ups. Everything that is not metered keeps working, and your content stays where it is.
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633.4A A recording in progress is not cut off. If your included Credits run out while a recording is in progress, we let that recording continue so your call is not interrupted, for up to 60 minutes. We do not charge you for that time. Buying Top-ups is always your own choice and always a separate purchase.
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653.5 Top-ups. You can buy Top-ups for usage beyond your included Credits. Top-ups are priced as shown at the time you buy them, paid in advance, and valid for 12 months from purchase. They are used only after your monthly included Credits are exhausted, and are applied first to clear any negative balance.
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673.5A What Top-ups are. Top-ups are a record of usage you have paid for in advance, and n

67othing more. They are not money, currency or legal tender, and your Top-up balance is not a bank account, a digital wallet, a stored value account, a gift card or any other payment device. Top-ups have no cash value, cannot be exchanged for money, cannot be transferred, sold or given to anyone else, and give you no ownership or property rights.
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693.5B Using and losing Top-ups. Promotional credits are used first, then the Top-ups you bought longest ago. Top-ups you have not used expire 12 months after you bought them, and expire when your account closes. The only exceptions are clauses 13.2, 14.3, 16.5 and 16.8, which set out the situations where we will refund the value of unused Top-ups because of something we have done. We will tell you before Top-ups are about to expire.
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713.6 Auto top-up is optional. We will only charge you automatically for Top-ups if you have separately and expressly switched auto top-up on. When you switch it on you set a limit on how much we may charge you in a month, and we will not go above it. Auto top-up is off by default and you can switch it off at any time, with immediate effect.
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733.6A If you pay for a year in advance. Where you choose an annual plan and pay for the year in advance:
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75- (a) your price is fixed for the prepaid year, and any price change we make under clause 4.5 applies only from your next renewal;
76- (b) your monthly included Credits are also fixed for the prepaid year. We will not reduce it during that year, even though clause 14 would otherwise allow us to change these terms;
77- (c) your included Credits still reset monthly under clause 3.2 and do not accumulate across the year, so you cannot save up unused allowance and spend it later; and
78- (d) if you move to a cheaper plan during the prepaid year, the change takes effect at your next renewal and we do not refund any part of what you have already paid. Clauses 13.2, 14.3, 16.5 and 16.8 still apply where the reason for the change is something we have done.
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803.6C If you were already a customer when you accepted these terms. If you had a Fyxer subscription before 22 September 2026 and you accept these terms in order to use newer features, your existing plan and price continue, and the usage-based charging described in clauses 3.2 to 3.5 does not apply to you yet. You get the newer features on top of the plan you already have, and while you are on your existing plan we do not meter your usage or charge you anything for it beyond the price of that plan. We will move you onto the usage-based model in future, but only on at least 30 days' notice and only under clause 14, so you will be told first and may object and cancel.
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823.6D If you already pay for a year in advance. If your existing plan is an annual plan you have paid for in advance, clause 3.6C applies and you keep the newer features, with your usage unmetered and at no charge beyond your annual price, for the whole of the rest of your prepaid year. The move to usage-based pricing under clause 3.6C will not take effect before your next renewal.
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843.7A Introductory and promotional offers. From time to time we offer plans on introductory or promotional terms, such as a larger allowance, a different allowance, or a lower price for a stated opening period. Where we do:
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86- (a) the offer terms are shown on the Subscription Page before you subscribe, including what the offer gives you, how long it lasts, and what your plan reverts to when it ends;
87- (b) those offer terms apply in place of the standard terms of your plan for the period stated, and the rest of these terms continue to apply alongside them;
88- (c) when the offer period ends, your plan continues on its standard terms, including its standard allowance. That is not a change to these terms and clause 14 does not apply to it, because it is the arrangement you signed up to. We will remind you before the offer period ends; and
89- (d) we may introduce, change or withdraw offers at any time. Changing or withdrawing an offer never affects anyone already on it, who keeps the offer for the period they were given.
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913.7AA Promotional credits are not the same as Top-ups you buy. Any allowance or credits given to you as part of an introductory or promotional offer are promotional credits. They are not Top-ups within the meaning of clause 3.5, and:
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93- (a) you have not paid for them, so they have no cash value, cannot be exchanged for cash, and are not refundable in any circumstances;
94- (b) they are used before any Top-ups you have bought, so buying Top-ups never causes you to lose promotional credits;

95- (c) they expire when the offer period ends, whether or not you have used them; and
96- (d) where these terms refer to refunding the value of unused Top-ups, that means Top-ups you have bought and does not include promotional credits.
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983.7B Fair use applies to offers too. Clause 3.7 applies to an introductory or promotional allowance in the same way it applies to a standard allowance, including where the offer is described as unlimited.
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1003.7BB We do not meter usage during an introductory offer. While an introductory offer is running, you have the newer features and your usage is not counted against your included Credits or charged for beyond them. When the offer ends, if you are on a plan with a monthly quantity of included Credits, those included Credits and the ordinary charges in clauses 3.2 to 3.5 simply begin to apply. Clauses 3.7C and 3.7D deal only with the separate case where the offer sat on top of a plan you already had before the offer.
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1023.7C If the offer sat on top of an earlier plan. This clause applies only where you were already a customer on another plan before the offer began, and you are on a monthly plan. (If you are on an annual plan, clause 3.6D applies instead and you keep the newer features until renewal. If you took the offer as a new customer with no earlier plan, clause 3.7BB applies and your included Credits simply begin.) Before the offer ends we will ask you to choose what happens next, and explain each option and its price. You can:
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104- (a) move to our usage-based plan, so that from the end of the offer the included Credits, Top-ups and charges in clauses 3.2 to 3.5 apply to you; or
105- (b) stay on the plan you had before the offer, at the price you paid before it, keeping that plan's features and limits. Features that draw on Top-ups will not be available on that plan, because it has no Top-up balance.
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1073.7D If you do not choose. If you do not tell us before the offer ends, we move you to the plan you had before the offer, at your previous price, under option (b). We do not move you onto the usage-based plan, or start charging you for Top-ups, unless you have chosen to move to it. Any offer credits end when the offer ends either way, and does not continue on any plan.
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1093.8 Limits we may apply. We may set reasonable limits on how often features can be used, such as a daily limit on messages, so that the Service keeps working for everyone. Current limits are shown in the Service. We may also pause a particular feature where it is being misused or is causing a problem, and we will restore it as soon as we reasonably can.
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1113.9 If you stop using the Service for a while. Some features run in the background, such as sorting your inbox and preparing your daily briefing. If you have not used the Service for 30 days these pause, and they start again the next time you sign in or use it.
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1133.7A0 Rate limits. We may apply reasonable rate limits, including per mailbox and per user, shown on the Subscription Page, to keep the Service working reliably for everyone.
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1153.7 Fair use. Your plan is for your own personal use. It is not for automated, bulk or resold use, or for sharing with people who do not have their own account, except that you may share content with a Vie

115wer under clause 2.4A. If your use is materially and persistently out of line with normal use, we will contact you first and work with you to find the right plan. We will only restrict or suspend your use if that does not resolve it, or if the use is harming the Service or our ability to provide it reliably to others.
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117## 4. Fees and payment
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1194.1 You agree to pay the fees for your plan, and for any Top-ups you buy, when they fall due.
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1214.2 You authorise us and our payment processor to charge your payment method for your plan fees on each renewal date until you cancel, and for any Top-ups you buy at the time you buy them, including automatic top-ups if you have switched them on.
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1234.3 Currency and tax. We quote prices in US dollars. Applicable taxes (such as sales tax or VAT) depend on where you are. We show you the total you will pay, including any tax, before you confirm your purchase. How tax is shown is set out in the schedule for your region. If a tax rate changes, or a tax starts or stops applying where you are, the total you pay changes to match, and we will tell you before we charge the new amount.
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1254.4 Failed payments. If a payment fails we will tell you and try again. If it is still unpaid 30 days after we tell you, we will move your account to the free plan allowance. This is a change to the service you receive, not a deletion of your data: your content stays where it is, and paying restores your plan. We will tell you before this happens.
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1274.5 Price changes. We will never change the price for a period you have already paid for. If we increase the price of your plan we will email you at least 30 days beforehand, and the new price applies from your next renewal date. If you do not want to pay it, cancel before that date.
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1294.6 Putting billing mistakes right. Either of us may correct a mistake in a price, an invoice or a payment, whether or not the payment has already been taken, and whether the mistake is in our favour or yours. If we have undercharged you, we will tell you and explain the correction before charging anything further, and we will not go back more than 12 months. If we have overcharged you, we will refund you. We will not correct a mistake against you where you reasonably relied on the price we gave you and it would be unfair to charge you more, and nothing here lets us charge you for a period you have already paid for at an agreed price. Tell us at [email protected] if you think something has been billed wrongly.
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1314.7 App stores. If you subscribe through an app store rather than our website, you pay the app store, not us. Their terms govern billing, cancellation and refunds, and you cancel through them. Clauses 4.2, 4.4, 4.6, 5.3 and 5.5 do not apply to those subscriptions.
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133## 5. Free trials, renewal and cancelling
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1355.1 If we offer a free or discounted trial we will tell you beforehand how long it lasts and what happens when it ends. Where we do not take your payment details at the start of a trial, we cannot and will not charge you when it ends. Your account simply moves to the free plan unless you choose to subscribe.
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1375.2 Your subscription renews automatically unless you cancel. We will email a reminder before each renewal, and before any trial converts to a paid subscription.
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1395.3 Cancelling. You can cancel at any time from your account settings. Cancelling is as simple as signing up: no phone call, no email, no retention process to argue your way through. To avoid the next charge, cancel at least 24 hours before your current period ends. For example, if you subscribe on 25 January to a monthly plan, your period runs to 24 February and you would cancel by 23 February.
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1415.4 If you cancel, your subscription runs to the end of the period you have paid for and then stops. You can carry on using the Service on a free plan.
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1435.6 Moving to a smaller plan. If you move to a free or smaller plan, whether by your own choice, at the end of a trial, or under clause 4.4, we keep your content. Features above the limits of your new plan stop being available to you, and we will tell you which ones before the change takes effect.
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1455.5 Your right to change your mind. Whether you have a right to cancel a new subscription within a set period and receive a refund depen

145ds on where you live. If you live in the United Kingdom or Norway, Schedule B gives you a 14 day right to cancel. If you live in Switzerland or elsewhere, Schedule B or the law of your country tells you what applies. If you live in the United States, Schedule A sets out your cancellation and refund rights, including any that apply under your state's law.
146
147## 6. What the Service does, and its limits
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1496.1 We will provide the Service with reasonable skill and care, and substantially as described in our Documentation.
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1516.2 We aim to make the Service available at all times but cannot promise it will never be unavailable. We will give notice of planned maintenance where we reasonably can.
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1536.3 AI output. The Service uses large language models. Output can be wrong, incomplete or misleading, and can misrepresent people, places or facts. Review output before relying on it, sending it, or acting on it. You remain responsible for anything you send or do using the Service. It is not a substitute for professional advice or your own judgement.
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1556.4 Actions taken on your behalf. Where the Service can act for you, such as drafting, sending, filing or scheduling, you control how much it does without asking first, using the settings we provide. You are responsible for choosing those settings and for what the Service does within them, as if you had done it yourself. If in doubt, keep the setting that asks you to approve before acting.
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1576.5 Decisions about people. You must not use output about an identifiable person to make, or materially inform, a decision with a legal or similarly significant effect on them, including decisions about employment, performance, discipline, credit, housing, insurance, education, medical care or legal rights. The Service is a note taking and drafting tool, not an assessment tool.
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1596.6 Model providers. We use large language models supplied by third parties, listed at a URL to be confirmed. We may add, remove or change providers and will keep that list current. Clause 10 governs what happens to your content whichever provider we use.
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1616.7 Beta features. Features labelled beta, preview or experimental are provided as they are, without warranty, may not work reliably, and may be changed or withdrawn at any time. Do not rely on them for anything important.
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1636.8 We do not promise the Service will meet every requirement you have, or be free from errors, interruptions or vulnerabilities.
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1656.9 Support. We provide support in line with our Support Policy, which describes the support available and how to reach us.
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167## 7. Connecting other services
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1697.1 The Service works by connecting to your email, calendar, meeting and other accounts ("Connected Services"). You choose which to connect and can disconnect at any time.
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1717.2 By connecting an account you authorise us to access, process and store content from it as needed to provide the Service, and you instruct us to share that content with our model providers so far as necessary to do so.
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1737.3 You confirm you are entitled to connect each account, and that doing so does not breach that provider's terms or any policy of your employer or organisation.
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1757.4 Connected Services are run by other companies. We are not responsible for their availability, outages, data loss, or changes they make to their terms or interfaces. If a provider changes or withdraws the access we rely on, some features may stop working. We will tell you if we become aware this is going to happen, and clause 13.2 applies if a feature you use is permanently lost.
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177## 8. Recording meetings
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1798.1 This clause matters. Recording laws differ between countries, and between US states, and getting it wrong can be a criminal offence.
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1818.2 Before recording any meeting using the Service you must tell every participant that it is being recorded and transcribed by an AI tool, and obtain whatever consent the law where each participant is located requires.
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1838.3 You must not record if any participant has not consented or has asked not to be recorded.
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1858.4 You are responsible for complying with recording and wiretapping laws. We provide tools to help, including participant notifications, but we cannot obtain consent for you and are not responsible for whether you have obtained it.
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1878.5 Any guidance we provide on recording laws is general information, not legal advice, and should not be your only basis for c

187ompliance.
188
189## 9. Acceptable use
190
1919.1 You must not use the Service to create, store, send or share anything unlawful, defamatory, harassing, discriminatory, obscene or infringing, or that promotes violence or illegal activity.
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1939.2 You must not:
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195- (a) copy, modify, reverse engineer or attempt to extract the source code, models, prompts or system logic of the Service, except where the law permits;
196- (b) use the Service to build, train or benchmark a competing product;
197- (c) resell the Service or make it available to anyone who is not you, except sharing content with a Viewer under clause 2.4A;
198- (d) introduce malicious code or attempt unauthorised access to the Service or anyone else's data;
199- (e) circumvent usage allowances, rate limits or security measures;
200- (f) use automated means to access the Service at a scale that disrupts it; or
201- (g) send unlawful, deceptive or unsolicited communications using the Service.
202
2039.3 Where we operate. You must not use the Service in breach of sanctions or export control laws. You confirm you are not located in a country subject to UK, EU or US embargo and are not on any restricted party list. We publish the countries and regions we support at a URL to be confirmed and may decline or close accounts outside them.
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2059.4 If you breach this clause we may remove the offending content or restrict your access. Clause 16 sets out what happens next.
206
207## 10. Your content and your data
208
20910.1 You own your content. You keep all rights in your emails, calendar entries, recordings, transcripts, drafts and other content you put into or generate through the Service ("Your Content"). We do not claim ownership. To the extent we have any rights in output generated for you, we assign them to you. Clause 11 applies where your account uses a work email address.
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21110.2 What we do with it. You give us permission to host, process and transmit Your Content, and to share it with our model providers, only so far as needed to provide the Service to you.
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21310.3 How we use your content, and your choices. We use Your Content in the ways set out below. They are different from one another, and the choice in clause 10.3(e) applies only to the use that needs it.
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215- (a) To run the Service for you. We use Your Content to provide the Service to you, including learning your writing style and preferences so we can draft in your voice, sort your inbox and prepare your briefings. This is your content, used for your account, to deliver the Service to you. It is part of what you are paying for, and it is not something you switch off separately while using those features. It does not involve training our shared models: it happens when we prepare each result for you, and no model is changed by it.
216- (b) To improve the Service for everyone. We also use content across our customers to train and improve the AI models behind the Service. Before content is used this way: we remove direct identifiers such as names and email addresses, so that what is used for training is not identifying on its face; and we run a redaction step over it to remove special category information (things like data about health, ethnicity, religion, political views or sex life), and we do not use content that has not been through that step. You can opt out of this use under clause 10.3(e).
217- (c) To keep the Service accurate and safe. We use content to test, evaluate and check the quality of the Service, and to investigate suspected misuse or security incidents. This may include review by our own staff and by people contracted to us under confidentiality obligations.
218- (d) What we never do. Whatever we do with Your Content, we do not sell it, we do not use it to build a profile of you for advertising, we do not make it public, and we do not use it to make automated decisions that have a legal or similarly significant effect on you. The models we build are private to Fyxer and are not shared with, and do not form part of, any other provider's general models, and we do not permit the third-party providers whose platforms we use for training to use Your Content to train their own general models.
219- (e) Your choice about improving the Service for everyone. You can tell us, at any time from your account settings, not to use Your Content for the training in clause 10.3(b). We will stop using Your Content in any future training. We cannot remove Your Content from models we have already built, but it will not be used again. Making this choice does not affect your use of the Service or the personalisation in clause 10.3(a).
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22110.3A Our Privacy Policy explains the legal basis for each of these uses and how to exercise the choice in clause 10.3(e).
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22310.4 Personalisation. To draft in your voice and work the way you do, the Service builds a record of your preferences, style and patterns of work ("Personalisation Data"). This is Your Content, you can export it like anything else, and it is deleted when your account closes.
224
22510.5 Service data. We collect information about how the Service is used and performs, including feature usage, timings, error data and system logs ("Service Data"). We own Service Data and use it to operate, secure and improve the Service. We share it externally only in aggregated, anonymised form that cannot identify you or any individual.
226
22710.6 Our role under data protection law. For a personal account, we decide the purposes and means of the processing we carry out, so we are the controller of the personal data in your account. Our [Privacy Policy](/terms/privacy) explains what we collect, why, our lawful bases, and how to exercise your rights. This is different from a organisation account, where the organisation is the controller and we act as its processor. If your account moves to a organisation account under clause 11, that change of role takes effect at the same time and we will tell you.
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22910.7 Getting your data out. You can export Your Content, including Personalisation Data, at any time while your account is active. Clause 11 explains the position for accounts on a work email address.
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23110.8 After you leave. When your account closes, Your Content is deleted. Copies may remain in our routine backups for up to 30 days and are then deleted, and we keep the records de

231scribed in clause 10.10 for as long as clause 10.10 says. If your account is being claimed by an organisation under clause 11, the 30-day notice period in clause 11.6 is your window to forward out anything personal before the account moves, and this clause applies to what is left afterwards.
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23310.9 Feedback. If you send us suggestions we may use them freely to improve the Service without owing you anything. You keep any rights you already had in the underlying ideas.
234
23510.10 Records we keep about our dealings with you. Separately from Your Content, we keep records of our business relationship with you: invoices and payment records, records of your plan and of the included Credits and Top-ups you have used, records of the actions you took that resulted in a charge, and a record of which version of these terms and of any other agreement you accepted and when. We hold these as controller in our own right, not on your behalf, and clause 10.8 does not apply to them. We keep them for as long as we need them for accounting and tax purposes and to establish, exercise or defend legal claims, which is generally six years from the end of the accounting period they relate to. These records are limited to identifiers, amounts, dates and the type of action taken. They do not contain the content of your emails, meetings or documents.
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23710.11 Legal requests. We may disclose content or account information where required by law, a court or a regulator. Where we are permitted to tell you, we will.
238
239## 11. Work email addresses and organisation claims
240
24111.1 What this clause covers. It applies where the email address on your account is provided by an organisation, such as an employer or a client. It does not apply to accounts on a personal email address.
242
24311.2 How we treat the content. We treat content in an account registered to an organisation's email address as belonging to that organisation for the purposes of these terms, whenever it was created, including content created before the organisation had any account with us. We take no position on who owns it as between you and your organisation. That is governed by your contract with them and by law, and any dispute about it is between the two of you.
244
24511.3 Transfers out. We will not transfer, migrate or bulk export that content to another account without the organisation's authorisation. We will accept authorisation in this order:
246
247- (a) from a verified administrator of the organisation's organisation account, where one exists;
248- (b) where there is none, a signed authorisation from a director or equivalent officer of the organisation on its letterhead, confirming the organisation's identity and consenting to the transfer; or
249- (c) where the organisation has been dissolved or no longer exists, evidence of that together with an indemnity in a form we reasonably require.
250
25111.4 We will pass a request under clause 11.3(b) to the organisation and give it 30 days to respond. If it does not respond in that time we may treat the request as refused, and will tell you so. We cannot compel an organisation to authorise a transfer.
252
25311.5 Your data protection rights are not affected. Nothing in this clause limits your rights under data protection law, including your right to a copy of your personal data. Where the organisation is the controller of that data we will pass your request to them and support them in answering it, rather than refusing it. Where we are the controller, we will answer it ourselves.
254
25511.6 When an organisation claims your account. An organisation that proves control of an email domain, by adding a record we specify to that domain's DNS, may claim accounts registered to addresses on it. If your account is claimed:
256
257- (a) we will email you and notify you in the Service, telling you which organisation has claimed it;
258- (b) you keep normal access to the account for 30 days from that notice, with reminders during the period, so that you can forward or save anything personal to you before it moves. Because the account is on the organisation's email address, the content in it is treated as the organisation's under clause 11.2, so we do not provide a separate bulk export of it to you. Your rights under data protection law to a copy of your own personal data are unaffected and are dealt with under clause 11.5;
259- (c) at the end of that period your account moves into the organisation's account. From then on the Organisation Terms govern the account, you be

259come an authorised user of it on our User Terms, these terms stop applying to you for that account, and the organisation's administrators can manage and access it; and
260- (d) if you would rather not continue, you can close your account before the period ends, but clause 11.2 still applies to the content in it.
261
262## 12. Our intellectual property
263
26412.1 We own the Service, the software behind it and our Documentation, and all intellectual property rights in them. These terms let you use the Service during your subscription and nothing more.
265
26612.2 We confirm we hold all the rights we need to provide the Service to you.
267
268## 13. Changes to the Service
269
27013.1 We develop the Service continuously and will add, change and improve features over time.
271
27213.2 If we withdraw or materially reduce a feature you actively use, we will give at least 30 days' notice by email. If the change materially disadvantages you, you may cancel and we will refund the unused part of anything paid in advance, together with the value of any unused Top-ups.
273
27413.3 We may make changes without notice where urgently needed for security, legal or safety reasons, or where a Connected Service provider gives us no notice. We will tell you as soon as we reasonably can afterwards.
275
276## 14. Changes to these terms
277
27814.1 We may change these terms and our prices from time to time, and only for a good reason, including:
279
280- (a) changes in the law, regulation or regulatory guidance;
281- (b) changes in our costs, including the cost of the models and infrastructure we rely on;
282- (c) changes to the Service, including new or withdrawn features, or changes made by a Connected Service or model provider;
283- (d) to improve security or address a risk to the Service or its users;
284- (e) to adopt new technology or adapt to changes in the technology we rely on;
285- (f) to respond to circumstances beyond our reasonable control; or
286- (g) to make the terms clearer or correct an error, where this does not disadvantage you.
287
28814.2 Changes that disadvantage you. If a change would materially disadvantage you, including any increase in the price of your plan, we will notify you by email or in the Service at least 30 days before it takes effect, saying plainly what is changing and why.
289
29014.3 If you object. If you object before the change takes effect you may end your subscription immediately, and we will refund the unused portion of fees already paid, calculated pro rata, together with the value of any unused Top-ups. The change will not apply to you before your subscription ends. If you do not object and continue using the Service, the change applies from the date in our notice.
291
29214.4 Other changes. Changes that do not materially disadvantage you, such as clarifications, corrections and terms covering new features you are free not to use, take effect when we publish the updated terms. We always update the effective date at the top.
293
29414.5 Urgent changes. Where a change is needed to comply with the law or address a security or safety risk we may give shorter notice than clause 14.2 requires, or none. We will give as much as we reasonably can and tell you as soon as possible afterwards.
295
29614.6 This clause does not let us change the core of what you signed up for in a way materially different from what you agreed. For that we will ask you to accept new terms.
297
298## 15. Our responsibility for loss
299
30015.1 We never exclude or limit our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow us to exclude. If you have a paid subscription that includes your rights that the Service is of satisfactory quality, fit for purpose and as described.
301
30215.2 If we fail to comply with these terms we are responsible for loss or damage you suffer that is a foreseeable result of our breaking this contract or failing to use reasonable skill and care. Loss or damage is foreseeable if it is obvious that it will happen, or if it was contemplated by both of us when you subscribed. We are not responsible for loss that was not foreseeable.
303

30415.2A Except for the liability in clause 15.1, which is never capped, our total liability to you for all claims connected with these terms is limited to the greater of the fees you paid us in the six months before the claim arose and US$100 (or the equivalent in your local currency). This does not affect your statutory rights, which cannot be excluded or limited, and Schedule A or B may modify this clause for your region.
305
30615.3 We do not supply the Service to consumers for business use. If you use it for any business purpose, we will have no liability to you for loss of profit, loss of business, business interruption or loss of business opportunity.
307
30815.4 We are not liable for loss resulting from your failure to obtain recording consents under clause 8, your use of output or automated actions without review, the settings you chose under clause 6.4, use of output contrary to clause 6.5, a Connected Service, or anything you do in breach of these terms.
309
31015.5 We will defend you against any claim that your proper use of the Service infringes a third party's intellectual property rights, and cover damages awarded or agreed in settlement, provided you tell us promptly, let us control the defence and cooperate. We may modify the Service, obtain a licence, or end your subscription and refund fees paid for the unused period.
311
312## 16. Suspension and ending this agreement
313

31416.1 You can end it at any time by cancelling in your account settings.
315
31616.2 We may suspend your account if we reasonably believe you are breaching clause 8 or 9, if your use is affecting the security or integrity of the Service or our ability to provide it reliably to others, or if suspension is necessary to comply with the law.
317
31816.3 Before suspending we will tell you why and, where circumstances allow, give you a chance to put it right. We will lift the suspension once the reason has gone.
319
32016.4 Appeals. If we suspend or close your account or remove content we will tell you why, unless the law prevents us or doing so would compromise an investigation. You can challenge the decision by replying to our notice and a person will review it.
321
32216.5 We may end this agreement on 30 days' notice, refunding the unused portion of anything paid in advance and the value of any unused Top-ups.
323
32416.6 We may end it immediately if you materially breach these terms and either the breach cannot be put right or you do not put it right within 30 days of us asking. No refund is due, and if you breached clause 8 or 9 you must not open a new account without our agreement.
325
32616.7 What happens at the end. Your right to use the Service stops. Clause 10.8 covers Your Content, subject to clause 11 where a work address is involved. Ending this agreement does not affect any right, remedy, obligation or liability either of us has built up before it ends, including any fees that had fallen due and any right to claim for a breach that had already happened. Clauses 4, 10, 11, 12 and 15 survive.
327
32816.8 If we permanently stop providing the Service we will give at least 60 days' notice, refund the unused portion of anything paid in advance and the value of unused Top-ups, and give you the tools to export Your Content first.
329
330## 17. Other important terms
331
33217.1 Complaints. Email [email protected] and we will try to resolve your complaint with you directly. Nothing in this clause affects your legal r

332ights. Your region's schedule sets out how disputes are resolved if we cannot agree.
333
33417.2 Notices. We will contact you by email at the address on your account or through the Service. Notice by email is treated as received the next business day; notice in the Service, the same day. You can contact us at [email protected]. Clause 2.3 applies if your address stops working.
335
33617.3 Transferring this agreement. You may not transfer your rights or obligations without our written agreement. We may transfer ours to another business, including on a merger or sale, but will tell you and it will not reduce your rights.
337
33817.4 If part of these terms is invalid, the rest continues to apply.
339
34017.5 Delay is not a waiver.
341
34217.6 Third parties. No one other than you and us has rights under these terms, except that our model providers and other suppliers may rely on and enforce clauses 6.3 to 6.7 and 15.
343
34417.7 Events outside our control. Neither of us is liable for failing to perform because of something genuinely beyond our reasonable control. If it continues more than 30 days either of us may end this agreement and we will refund the unused portion of anything paid in advance.
345
34617.8 Governing law and disputes. The law that governs these terms, and how disputes are resolved, depend on where you live and are set out in Schedule A (United States) and Schedule B (United Kingdom and EEA). If neither schedule applies to you, these terms are governed by the law of England and Wales, and you may bring proceedings in the courts of the country where you live.
347
348## Schedule A: Additional terms for residents of the United States
349
350A1 When this Schedule applies. This Schedule applies if you live in the United States. It forms part of these terms and, on the matters it covers, takes priority over the main terms. [US COUNSEL TO REVIEW THIS SCHEDULE IN FULL. The arbitration and class-action provisions in A5 in particular are technical and state-sensitive and must be settled by US counsel; they are drafted here only to give counsel a concrete starting point.]
351
352A2 Tax. Prices are shown exclusive of sales tax. Where sales, use or similar tax applies based on your location, we add it at checkout and show you the total, including tax, before you confirm. We collect and remit tax where we are required to.
353
354A3 Automatic renewal and cancellation. Your subscription renews automatically as described in clause 5. When you subscribe, we will send you an acknowledgement you can keep (by email) setting out the automatic renewal terms, the cancellation policy, how to cancel and, if you started with a free trial, when the trial ends and when you will first be charged. Before we charge you for any renewal we will send you a clear notice of the renewal, the amount, and how to cancel. You can cancel at any time online through your account settings, as easily as you subscribed, and we will not require you to call or email to cancel. If you signed up online you can cancel online. If your state gives you additional rights about automatic renewals, including the right to cancel and receive a refund for a period you have not used, those rights apply and are not limited by these terms. [Counsel to confirm compliance with California's Automatic Renewal Law and equivalent state laws; the post-signup acknowledgement email is also a build requirement for the signup flow.]
355
356A4 Refunds. Except where this Schedule or your state's law says otherwise, fees are non-refundable and you keep access until the end of the period you have paid for. Where we terminate, withdraw a feature you use, or change these terms to your material disadvantage, the refund provisions in the main terms apply.
357
358A5 Disputes: arbitration and class-action waiver. [US COUNSEL MUST REVIEW AND SETTLE THIS CLAUSE.]
359
360- (a) Try to resolve it with us first. Before starting any formal dispute, you agree to contact us at [email protected] and g

360ive us 30 days to try to resolve it informally.
361- (b) Binding arbitration. If we cannot resolve a dispute informally, you and Fyxer agree that any dispute, claim or controversy arising out of or relating to these terms or the Service will be resolved by binding individual arbitration, not in court, except as set out in (d). The arbitration will be administered by [American Arbitration Association / JAMS] under its consumer arbitration rules then in force, and conducted in English. The Federal Arbitration Act governs this clause.
362- (c) Class-action waiver. You and Fyxer 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 of more than one person or preside over any form of representative or class proceeding. If this class-action waiver is found unenforceable as to a particular claim, then that claim must proceed in court rather than in arbitration, and the remainder of this clause remains in force.
363- (d) Exceptions. Either of us may bring an individual claim in small claims court if it qualifies. Either of us may seek injunctive or other equitable relief in court to protect intellectual property or to stop unauthorised use of the Service. Nothing here prevents you from bringing issues to the attention of federal, state or local agencies.
364- (e) Your right to opt out of arbitration. You may opt out of this arbitration agreement by emailing [email protected] within 30 days of first accepting these terms, stating that you wish to opt out of arbitration. Opting out does not affect any other part of these terms.
365- (f) Costs. We will pay the arbitration filing and arbitrator fees for claims under [US$10,000] unless the arbitrator finds the claim frivolous. Each side bears its own attorneys' fees unless the applicable rules or law provide otherwise.
366
367A6 Governing law. These terms are governed by the laws of the State of Delaware and the Federal Arbitration Act, without regard to conflict-of-laws rules, except that your state's consumer protection laws may give you rights these terms cannot take away.
368
369A7 Your privacy rights. If you are a California resident, you have rights under the California Consumer Privacy Act as amended, including the right to know what personal information we collect, to delete it, to correct it, and to opt out of any sale or sharing of personal information. We do not sell your personal information. Residents of other states with comprehensive privacy laws have equivalent rights under those laws. How to exercise these rights is set out in our Privacy Policy. [Counsel to confirm the CCPA/CPRA and multi-state privacy disclosures are complete and consistent with the Privacy Policy.]
370
371A8 Liability. The limitation in clause 15.2A applies. Some states do not allow the exclusion or limitation of certain damages; to the extent your state's law does not permit a limitation in this Schedule or the main terms, that limitation does not apply to you and our liability is limited to the fullest extent your state's law permits.
372
373A9 Statutory rights. Nothing in these terms limits any right you have under the consumer protection laws of your state that cannot be waived by contract.
374
375## Schedule B: Additional terms for residents of the United Kingdom, Norway and Switzerland
376
377B1 When this Schedule applies. This Schedule applies if you live in the United Kingdom, Norway or Switzerland. It forms part of these terms and, on the matters it covers, takes priority over the main terms. Clauses B3 and B4 give you these rights as a matter of contract, so that you have the same protections wherever in these three countries you live; they are not a statement of what the law of your country separately requires. B1.1 If you live in the European Economic Area but not in Norway (for example Iceland or Liechtenstein), this Schedule does not apply to you; instead, any right under the law of your country that we cannot exclude still applies to you alongside the main terms, including a right to cancel a new subscription within a period after you subscribe.
378
379B2 Tax. Prices shown to you include VAT at the rate applying in the United Kingdom, Norway or Switzerland, whichever is where you live, and we show you the amount of VAT before you pay.
380
381B3 Your right to change your mind. If you live in the United Kingdom, you have this right by law; if you live in Norway or Switzerland, we give you the same right as a matter of contract. You can cancel within 14 days of subscribing, without giving a reason. If you ask us to start providing the Service straight away, you may still cancel, but we may charge you in proportion to what you have used. To preserve the full 14 day right, do not use the Service until the peri

381od ends. We will refund within 14 days of you telling us, to the payment method you used. This period does not start again if you switch plans, or if you cancel and subscribe again.
382
383B4 Statutory rights and unfair terms. Nothing in these terms excludes or limits your rights under consumer protection law. If you live in the United Kingdom, this includes the Consumer Rights Act 2015. If you live in Norway, this includes the equivalent Norwegian consumer protection law implementing the EU consumer rights directives under the EEA Agreement. If you live in Switzerland, this includes any right under Swiss law that cannot be excluded by contract; the rights we give you under clause B3 are in addition to, and do not limit, any such right. Any term that the law treats as unfair does not bind you.
384
385B5 Complaints and disputes. We will try to resolve any complaint with you directly. We do not currently take part in an alternative dispute resolution scheme. This does not affect your right to bring a claim in court.
386
387B6 Governing law and jurisdiction. These terms are governed by the law of England and Wales. You may bring proceedings in the courts of the country where you live, and that country's law may give you protections these terms cannot take away. We may bring proceedings against you only in the courts of the country where you live.
388
389B7 Liability. The limitation in clause 15.2A applies, expressed as the greater of six months' fees and £100, or the equivalent in Norwegian kroner or Swiss francs, and never limits the liability described in clause 15.1 or any liability that cannot be limited under the law of your country.
390
391## 18. What the words mean
392
393Organisation Terms: our terms for organisation accounts, at [Organisation Terms](/terms/organisation).
394
395Connected Services: defined in clause 7.1.
396
397Credits: the units in which usage is measured. Your plan's monthly quantity is your included Credits (clause 3.2); additional units you buy are Top-ups (clause 3.5).
398
399Top-ups: defined in clause 3.5.
400
401Documentation: the description of the Service and user guidance at a URL to be confirmed.
402
403Personalisation Data: defined in clause 10.4.
404
405Viewer: a person you give read-only access to shared content under clause 2.4A, on our User Terms.
406
407Privacy Policy: our [Privacy Policy](/terms/privacy), which explains how we handle personal data as controller.
408
409Service: the Fyxer AI service provided through app.fyxer.com and related applications and integrations.
410
411Service Data: defined in clause 10.5.
412
413Subscription Page: the page in the Service showing plans, allowances and prices.
414
415Support Policy: our policy describing the support we provide, at a URL to be confirmed.
416
417User Terms: our terms for people accessing content shared with them, at [User Terms](/terms/user).
418
419Your Content: defined in clause 10.1.
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