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2# Fyxer AI Organisation Terms
3
4**Effective from 22 September 2026**
5
6These terms apply from 22 September 2026 to anyone using Fyxer for business purposes: companies, partnerships, other organisations, and individuals such as sole traders and freelancers. They apply whichever plan you are on. The plans available to you, and any minimum number of members, are set out on the Subscription Page. If you use Fyxer wholly or mainly for personal purposes, the [Consumer Terms](/terms/consumer) apply instead. If you are accessing content shared with you through someone else's account, the [User Terms](/terms/user) apply.
7
8
9
10## 1. These terms and who they bind
11
121.1 These terms are the agreement between Fyxer AI Limited (company number 15189973, registered office Chancery House, 53-64 Chancery Lane, London, WC2A 1QS) ("Fyxer", "we", "us", "our") and the person or organisation that opens a organisation account (the "Customer", "you"). The Customer may be a company, partnership or other organisation, or an individual using the Service for purposes relating to their trade, business, craft or profession.
13
141.2 The Customer opens a Organisation Account. Where the Customer has more than one person using it, each person added is an Authorised User. An Organisation Account may have a single user, in which case the Customer is its own Administrator and the only Authorised User. The Customer is our contracting party and is responsible for the Organisation Account, its Authorised Users, and the fees.
15
161.2A Electing into these terms. An individual on an account governed by the Consumer Terms may elect at any time, from their account settings, to be treated as a Customer under these terms. On election these terms replace the Consumer Terms for that account, the account becomes an Organisation Account, and clause 7.1 applies to the personal data in it from that point. Any existing subscription continues on its current price and period.
17
181.2B If you are in fact a consumer. Consumer status under consumer protection law depends on what you actually use the Service for, not on which document you accepted. If you are in fact acting wholly or mainly outside any trade, business, craft or profession, you keep all of your statutory rights as a consumer, and nothing in these terms limits them. Where a provision of these terms would restrict a right you have as a consumer that cannot be excluded, that provision does not apply to you and the equivalent provision of the Consumer Terms applies instead.
19
201.3 Authorised Users also agree to the [User Terms](/terms/user) when they join. Those terms govern the individual's own use. Where they conflict with these terms, these terms prevail.
21
221.3A How these terms are accepted. By opening an Organisation Account, clicking to accept these terms, adding a second person to an account, or using the Service, the Customer agrees to these terms. Inviting another person to an account that was governed by the Consumer Terms is an election into these terms under clause 1.2A, and the person doing so accepts these terms on the Customer's behalf.
23
241.4 The person who opens the Organisation Account, or who first invites another person to it, confirms they have authority to bind the Customer. If they do not, they are personally responsible to us for the consequences.
25
261.4A If you subscribed before 22 September 2026. These terms apply to accounts opened on or after 22 September 2026. If the Customer already had a Fyxer subscription before then, its existing terms, plan and price continue unchanged. We will not move the Customer onto these terms without its agreement. If the Customer chooses to move to one of our newer plans, we will show these terms and ask the Customer to accept them first, and they will replace the existing terms from that point.
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281.5 If we have signed a separate written agreement with the Customer covering the Service, that agreement prevails over these terms to the extent of any conflict, then these terms, then any policy referred to in them.
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301.6 Supplemental terms. Some features have their own additional terms, shown before use. Where they conflict with these terms, they apply to that feature.
31
32
33
34## 2. Organisation Accounts, administrators and Authorised Users
35
362.1 The Customer nominates one or more Administrators. Administrators can add and remove Authorised Users, configure settings and integrations, set retention and export options, access Customer Content, and manage the Organisation Account.
37
382.2 The first Administrator. Where the Customer is an individual, they are the Administrator. Where an Organisation Account is created by claiming an email domain under clause 3, the person who completes verification becomes the first Administrator. The Customer may replace them at any time by giving us a written request from a director or equivalent officer of the Customer on its letterhead, and we will act on it within a reasonable time. We may al
38so act on such a request where no Administrator is contactable.
39
402.3 We act on instructions from Administrators and are entitled to treat them as given by the Customer. The Customer is responsible for who it appoints and for keeping the list current.
41
422.4 The Customer is responsible for the acts and omissions of its Authorised Users under these terms as if they were its own.
43
442.4A Viewers. The Customer may give individuals read-only access to the Organisation Account as Viewers, on the terms of our User Terms. A Viewer may view content shared with them, and may not record meetings, use chat features, or run automated workflows. Viewers are not members for the purposes of clause 4.8 and no fee is payable for them. The Customer is responsible for the acts and omissions of its Viewers as if they were its own. If we extend what a Viewer can do so that Viewers consume the allowance or use metered features, we will tell the Administrators at least 30 days beforehand, and clause 12 applies to any resulting change in what Viewers cost.
45
462.5 Access is controlled by the Customer. Administrators may grant, restrict or withdraw an Authorised User's access to the Organisation Account and to Customer Content at any time, and those decisions may result in access, use, disclosure, modification or deletion of Customer Content. An Authorised User wishing to close their access should contact the Customer, not us.
47
48
49
50## 3. Creating an Organisation Account and claiming a domain
51
523.1 An Organisation Account can be created directly, or by converting an existing individual account.
53
543.2 Claiming a domain. The Customer may claim email domains it controls by adding a record we specify to that domain's DNS. Verification of that record is the only way to claim a domain.
55
563.3 Once a domain is verified, the Customer may claim existing individual Fyxer accounts registered to addresses on it. For each account claimed:
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58(a) we will notify the account holder by email and in the Service, telling them which organisation has claimed it;
59
60(b) the account holder keeps normal access for 30 days, with reminders during the period, so they can forward or save anything personal to them before the account moves. Because the account is on the organisation's email address, the content in it is treated as the organisation's under clause 3.4 and clause 3A.2, so no separate bulk export of that content is provided to the account holder. The account holder's rights under data protection law to a copy of their own personal data are unaffected;
61
62(c) at the end of that period the account moves into the Organisation Account. From then on these terms govern the account, the person holding it becomes an Authorised User on the [User Terms](/terms/user), the Consumer Terms stop applying to them for that account, and Administrators can manage and access it; and
63
64(d) if the account holder closes their account before the period ends, clause 6 still applies to the content in it.
65
663.4 Content follows the address. Content in an account registered to an address on a claimed domain is Customer Content under clause 6, whenever it was created, including before the Organisation Account existed.
67
683.5 No downgrade. An account that has become part of an Organisation Account held by an organisation cannot be converted back to an individual account. If the Organisation Account ends, clause 15 applies. This does not prevent an individual Customer who elected into these terms under clause 1.2A from returning to the Consumer Terms, provided no other person has been added to the account and no domain has been claimed.
69
703.6 Claiming a domain is a statement that the Customer is entitled to it and to the accounts on it. Clause 13.4 applies if that is not so.
71
72## 3A. Solo accounts on an organisation's email address
73
743A.1 When this section applies. This section applies where the Customer is an individual and the email address on the Organisation Account is one provided by an organisation that the Customer does not control, such as an employer or a client (the "Providing Organisation"). It reflects the fact that, although the Customer is our 
74contracting party, the content in the account belongs to the Providing Organisation rather than to the Customer.
75
763A.2 How we treat the content. We treat Customer Content in the account as belonging to the Providing Organisation for the purposes of these terms, whenever it was created. We take no position on who owns it as between the Customer and the Providing Organisation. That is governed by the Customer's own arrangements with the Providing Organisation and by law, and any dispute about it is between them.
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783A.3 Transfers and exports need the Providing Organisation's authorisation. Despite clause 6.7, we will not transfer, migrate or bulk export the Customer Content in the account to another account, and will not act on a Customer instruction to do so, without the Providing Organisation's authorisation. We will accept that authorisation from a verified administrator of a Fyxer account held by the Providing Organisation, or, where there is none, from a director or equivalent officer of the Providing Organisation on its letterhead. This does not restrict the Customer's ordinary use of the Service, or the Providing Organisation's own rights over the account.
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803A.4 The Providing Organisation may claim the account. The Providing Organisation may claim the account under clause 3.3 by verifying the domain under clause 3.2. On a claim, the account moves into the Providing Organisation's Organisation Account, the Customer becomes an Authorised User of it on the [User Terms](/terms/user), and these terms cease to bind the Customer in their own right for that account. Clause 3.3 governs the notice and the access window.
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823A.5 Data protection rights are not affected. Nothing in this section limits any individual's rights under data protection law. Where the Providing Organisation is the controller of personal data in the account, we will pass a request to it and assist it in responding, rather than refusing the request.
83
84
85
86## 4. Plans, included Credits, Top-ups and fees
87
884.1 The Customer's plan, its price, the number of Authorised Users and what it includes are set out on the Subscription Page or in an order we accept.
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904.2 Allowances. Plans include a monthly allowance of usage, measured in units such as meetings recorded and transcribed and emails drafted. Your plan includes a monthly quantity of usage measured in Credits (the "included Credits"). Unless the Subscription Page says otherwise, included Credits are pooled across the Organisation Account and reset on the same day of each month, whether the Customer pays monthly or annually. Unused included Credits do not carry over from one month to the next.
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924.2A 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 included Credits or Top-ups.
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944.3 Measurement. We measure usage using our systems, and our records are conclusive unless obviously wrong. Administrators can see usage across the Organisation Account. A recorded meeting is counted once, against the account the recording was made in, however many people attend it.
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964.4 When the included Credits run out. We will warn the affected user, the Administrators and the account owner as the included Credits are used up. When they run out, metered features pause until the included Credits reset at the start of the next month or until Top-ups are bought. Everything that is not metered keeps working, and Customer Content stays where it is.
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984.4A A recording in progress is not cut off. If the included Credits run out while a recording is in progress, we let that recording continue so the call is not interrupted, for up to 60 minutes. We do not charge for that time. Buying Top-ups is always the Customer's own action and a separate purchase.
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1004.4B Free plans. On a free plan we may pause scheduled features, such as daily briefings, after 30 days without activity, and disconnect an unused mailbox after 90 days; reconnecting or signing in restores them.
101
1024.4C Closing inactive free accounts. We do not keep free accounts that are no longer being used. Counting from the day the Organisation Account was last active, and while it stays inactive:
103
104(a) after 30 days, we pause scheduled features such as daily briefings (as in clause 4.4B);
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106(b) after 60 days, we email the Administrators to say the account will be deleted if it stays inactive;
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108(c) after 75 days, we email the Administrators again to remind them; and
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110(d) after 90 days, we delete the account and all associated Fyxer content, as described 
110in clause 6.8. This does not delete the records we keep under clause 6.6A, such as billing records.
111
112Any 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 the Customer's behalf, including a sign-in, a connected mailbox or calendar being processed, a meeting being recorded, or a draft being prepared or sent, by any member. This clause does not apply to an Organisation Account with a current paid subscription; if a paid account moves to the free plan for any reason it is treated as a free account under this clause from that point. Where the concern is that an inactive administrator is preventing others in the organisation from using the Service, the domain-claim route in clause 3.3 is the way to resolve it, rather than this clause.
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1144.5 Top-ups. Top-ups may be bought for usage beyond the included Credits. They are priced as shown at the time of purchase, paid in advance, and valid for 12 months from purchase. They are used only after the allowance is exhausted and are applied first to clear any negative balance. Only Administrators may buy Credits or switch on automatic top-up.
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1164.5A What Top-ups are. Top-ups are a record of usage paid for in advance, and nothing more. They are not money, currency or legal tender, and a 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, and cannot be transferred, sold or given to anyone else.
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1184.5B Using and losing Top-ups. Promotional credits are used first, then the included Credits, then the Top-ups bought longest ago. Unused Top-ups expire 12 months after purchase, and expire when the Organisation Account closes. The only exceptions are clauses 11.2, 12.3, 15.4 and 15.7, which set out where we will refund the value of unused Top-ups because of something we have done. We will tell the Administrators before Top-ups are about to expire.
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1204.5C Automatic top-up. Automatic top-up is off by default, and when it is switched on the Administrator sets a limit on how much we may charge in a month, which we will not exceed.
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1224.6 Payment. The Customer pays the fees when due, and authorises us and our payment processor to charge its payment method on each renewal date and for Top-ups when bought. If a payment fails we will tell the Administrators and try again. If it is still unpaid 30 days later we will move the Organisation Account to the free plan allowance. This is a change to the service provided, not a deletion of data: Customer Content stays where it is, and payment restores the plan.
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1244.7 The Customer pays in full without set-off or deduction. We may charge interest on late payment under the Late Payment of Commercial Debts (Interest) Act 1998.
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1264.5D Tax. Prices are exclusive of VAT, sales tax, use tax, goods and services tax and any similar tax. We add those taxes at the applicable rate, and the Customer pays them, other than taxes on our own income. Where we are required to collect a tax we do so as the Customer's collection agent, and the obligation to pay the tax remains the Customer's.
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1284.5E Registration numbers, exemptions and withholding. Where the Customer gives us a VAT registration number or an exemption certificate, it confirms that the number or certificate is valid and that it is entitled to rely on it, and it will tell us promptly if that stops being true. Where a valid number means the reverse charge applies, we will invoice on that basis. If the Customer is required by law to withhold or deduct anything from a payment, it will increase the amount so that we receive what we would have received had there been no withholding, and will give us evidence of the amount withheld.
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1304.5F If a tax authority disagrees later. If a tax authority determines that tax was chargeable on a supply we treated as exempt, zero-rated or reverse-charged, we may invoice the Customer for that tax together with any interest and penalties charged to us as a result, provided we do so within 12 months of the determination. This applies whether or not these terms have ended, and whether or not the cause was a number or certificate the Customer gave us.
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1324.6A Annual plans paid in advance. Where the Customer chooses an annual plan and pays for the year in advance:
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134(a) the price per member is fixed for the prepaid year, and any price change under clause 4.9 applies only from the next renewal;
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136(b) the included Credits per member are also fixed for the prepaid year. We will not reduce it during that year, even though clause 12 would otherwise allow us to change these terms;
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138(c) the included Credits still reset monthly under clause 4.2 and do not accumulate across the year, so unused allowance cannot be saved and spent later;
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140(d) members added during the prepaid year are billed monthly against the annual account under clause 4.8A, at the annual per-member rate, and their allowance is added from the month they join; and
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142(e) if the Customer reduces the number of members, or moves to a cheaper plan, during the prepaid year, the change takes effect at the next renewal and we do not refund any part of what has already been paid. The allowance attributable to the removed members continues for the remainder of the prepaid year. Clauses 11.2, 12.3, 15.4 and 15.7 still apply where the reason for the change is something we have done.
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1444.6B Customers who accept these terms but keep their existing pricing. If the Customer had a Fyxer subscription before 22 September 2026 and accepts these terms in order to use newer features, the Customer's existing plan and price continue, and the usage-based charging described 
144in clauses 4.2 to 4.5 does not apply to it yet. The Customer gets the newer features on top of the plan it already has, and while it is on that plan we do not meter its usage or charge anything for it beyond the price of that plan. We will move the Customer onto the usage-based model in future, but only on at least 30 days' notice and only under clause 12, so the Administrators will be told first and may object and terminate.
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1464.6C Annual customers. Where the Customer's existing plan is an annual plan paid for in advance, clause 4.6B applies and the Customer keeps the newer features, with usage unmetered and at no charge beyond its annual price, for the whole of the rest of the prepaid term. The move to usage-based pricing under clause 4.6B will not take effect before the Customer's next renewal.
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1484.7A Introductory and promotional offers. From time to time we offer plans on introductory or promotional terms, such as a larger or different allowance, or a lower price, for a stated opening period. Where we do:
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150(a) the offer terms are shown on the Subscription Page or in the order we accept before the Customer subscribes, including what the offer provides, how long it lasts, and what the plan reverts to when it ends;
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152(b) those offer terms apply in place of the standard terms of the plan for the period stated, and the rest of these terms continue to apply alongside them;
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154(c) when the offer period ends, the plan continues on its standard terms, including its standard allowance. That is not a change to these terms and clause 12 does not apply to it, because it is the arrangement the Customer signed up to. We will remind the Administrators before the offer period ends;
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156(d) we may introduce, change or withdraw offers at any time, and doing so never affects a Customer already on an offer, who keeps it for the period they were given; and
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158(e) any allowance or credits given as part of an offer are promotional credits. They are not Top-ups within the meaning of clause 4.5: they have not been paid for, have no cash value, are not refundable in any circumstances, are used before any Top-ups the Customer has bought, and expire when the offer period ends. Where these terms refer to refunding the value of unused Top-ups, that means Top-ups the Customer has bought and does not include promotional credits; and
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160(f) clause 4.11 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.
161
1624.7B We do not meter usage during an introductory offer. While an introductory offer is running, the Customer has the newer features and its usage is not counted against its included Credits or charged for beyond them. When the offer ends, if the Customer is on a plan with a monthly quantity of included Credits, those included Credits and the ordinary charges in clauses 4.2 to 4.5 simply begin to apply. Clause 4.7C deals only with the separate case where the offer sat on top of a plan the Customer already had before the offer.
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1644.7C If the offer sat on top of an earlier plan. This clause applies only where the Customer was already on another plan before the offer began, and is on a monthly plan. (For annual plans, clause 4.6C applies and the Customer keeps the newer features until renewal. For a new Customer with no earlier plan, clause 4.7B applies and the included Credits simply begin.) Before the offer ends we will ask the Customer to choose, and explain each option and its price. The Customer can (a) move to our usage-based plan, so that from the end of the offer the included Credits, Top-ups and charges in clauses 4.2 to 4.5 apply; or (b) stay on the plan it had before the offer, at the price it paid before it, keeping that plan's features and limits. If the Customer does not choose before the offer ends, we move it to the plan it had before the offer, at its previous price, under option (b); we do not move it onto the usage-based plan or charge it for Top-ups unless it has chosen to move. Any offer credits end when the offer ends and do not continue.
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1664.8 Adding and removing members. An Administrator sets how many places the Organisation Account has. Billing for a place starts when a person joins it as a member, and members added part way through a month are charged in proportion to the time from the date they join to the end of that month. An invitation that has been sent but not accepted costs nothing, and an approved place that nobody has joined costs nothing.
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1684.8AA We record when members join. We record the date each member joins the Organisation Account, and that record 
168is what we bill from. Administrators can see it in the Service, and it forms part of the records described in clause 6.6A.
169
1704.8A When we bill for changes. Changes in membership are gathered up and billed once a month, on the Organisation Account's existing invoice date, never as separate charges when each change happens. This applies to annual plans too: places added during an annual term are billed monthly against the annual account, and are not added to a later invoice.
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1724.8B Removing members never increases an invoice. Where the price per member depends on how many members there are, removing members does not raise the price for the members who remain, and the per-member price is held until the Organisation Account next renews.
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1744.8C Limits we may apply. We may apply reasonable rate limits, including per mailbox and per user and across the Organisation Account, shown on the Subscription Page, so that the Service keeps working for everyone. We may also pause a particular feature where it is being misused or is causing a problem, and will restore it as soon as we reasonably can.
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1764.8D Inactive accounts. Features that run in the background, such as inbox sorting and daily briefings, pause for a member who has not used the Service for 30 days and start again the next time they sign in or use it.
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1784.8E Putting billing mistakes right. Either of us may correct a mistake in a price, an invoice or a payment, whether or not payment has already been taken, and whether the mistake is in our favour or the Customer's. A correction may look back no more than 12 months from the date it is notified. The party making the correction shall notify the other in writing, in enough detail to check it, before issuing a corrected invoice or taking any further payment. A corrected invoice is payable on the terms in clause 4.6.
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1804.9 Price changes. We will not change the price for a period already paid for. We will give at least 30 days' notice of any increase, effective from the next renewal date.
181
1824.10 Renewal and cancellation. The subscription renews automatically unless cancelled at least 24 hours before the current period ends. On cancellation, access continues to the end of the paid period.
183
1844.11 Fair use. The plan is for normal use by the Customer's Authorised Users. It is not for automated, bulk or resold use, or for sharing with people who are not Authorised Users. If use is materially and persistently out of line with normal use we will contact the Administrators first and work with them to find the right plan, restricting or suspending use only if that does not resolve it or the use is harming the Service or our ability to provide it reliably to others.
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186
187
188## 5. The Customer's responsibilities
189
1905.1 As between us and the Customer, it is the Customer's responsibility to:
191
192(a) inform its Authorised Users of any policies, practices and settings that affect the processing of Customer Content;
193
194(b) obtain all rights, permissions and consents from its Authorised Users and from any other person needed for the lawful use of Customer Content and operation of the Service, including as required by recording laws;
195
196(c) ensure that the transfer and processing of Customer Content under these terms is lawful; and
197
198(d) respond to and resolve any dispute with an Authorised User or any other person relating to Customer Content, the Service, or the Customer's failure to meet these obligations.
199
2005.2 Recording laws. Recording laws differ between countries and between US states, and getting it wrong can be a criminal offence. The Customer is responsible for ensuring that every participant in a recorded meeting is told it is being recorded and transcribed by an AI tool, and that any consent required where each participant is located is obtained. We provide tools to help, including participant notifications, but we cannot obtain consent and are not responsible for whether it has been obtained. Any guidance we give on recording laws is general information, not legal advice.
201
2025.3 Decisions about people. The Customer must not use, and must not permit its Authorised Users to 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 r
202ights. The Service is a note taking and drafting tool, not an assessment tool.
203
2045.4 Connected Services. The Service works by connecting to email, calendar, meeting and other accounts. The Customer confirms it and its Authorised Users are entitled to connect each account, and that doing so does not breach that provider's terms or the Customer's own policies. Connected Services are run by other companies; we are not responsible for their availability, outages, data loss, or changes to their terms or interfaces, and if a provider withdraws the access we rely on some features may stop working.
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2065.5 Acceptable use. The Customer and its Authorised Users 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, and must not: copy, modify, reverse engineer or attempt to extract the source code, models, prompts or system logic of the Service except where the law permits; build, train or benchmark a competing product; resell the Service or make it available to non-Authorised Users; introduce malicious code or attempt unauthorised access; circumvent allowances, rate limits or security measures; access the Service by automated means at a scale that disrupts it; or send unlawful, deceptive or unsolicited communications.
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2085.6 Sanctions and export control. The Customer must not use the Service in breach of sanctions or export control laws, confirms it is not located in an embargoed country and is not on any restricted party list, and will not permit access from outside the regions we support, published at a URL to be confirmed.
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210
211
212## 6. Customer Content, work product and transfers
213
2146.1 Customer Content means all content in the Organisation Account, including emails, calendar entries, recordings, transcripts, drafts and output, whether created by the Customer, by an Authorised User, or generated by the Service.
215
2166.2 As between us and the Customer, the Customer retains all rights in Customer Content, and to the extent we have any rights in output generated in the Organisation Account we assign them to the Customer.
217
2186.3 Work product. We treat Customer Content in an account registered to an address on a domain the Customer controls as belonging to the Customer for the purposes of these terms, whenever it was created. We take no position on ownership as between the Customer and its Authorised Users, which is governed by their own arrangements and by law, and clause 5.1(d) applies to any dispute about it.
219
2206.4 Transfers out. We will not transfer, migrate or bulk export Customer Content to an account outside the Organisation Account without the Customer's authorisation, given by a verified Administrator or, where none exists or none is contactable, by a director or equivalent officer of the Customer on its letterhead. We will pass any such request from an individual to the Customer and allow 30 days for a response, after which we may treat it as refused and say so. Where clause 3A applies, authorisation must come from the Providing Organisation in accordance with clause 3A.3, and the Customer cannot authorise a transfer of that content on their own.
221
2226.5 Data protection rights are not affected. Nothing in this clause limits any individual's rights under data protection law. Where the Customer is the controller we will pass a request to the Customer and assist it in responding, rather than refusing the request.
223
2246.6 Leavers. When an Authorised User is removed from the Organisation Account, or their access is withdrawn:
225
226(a) where the account is registered to an address on a domain the Customer controls, the Customer decides whether it is retained, reassigned or closed, and the content stays with the Customer under clause 6.3; and
227
228(b) where the account is registered to a personal address, it reverts to an individual account under the [Consumer Terms](/terms/consumer), the individual keeps content that is not Customer Content, and Organisation Account integrations, shared content and team features are removed.
229
2306.6A Records we keep about our dealings with the Customer. Separately from Customer Content, we keep re
230cords of our business relationship with the Customer: invoices and payment records, records of the plan, members, included Credits and Top-ups used, and records of the actions taken by the Customer or its Authorised Users that resulted in a charge, including the record of when each member joined described in clause 4.8, and a record of which version of these terms and of any other agreement the Customer or its Authorised Users accepted and when. We hold these as controller in our own right and not on the Customer's behalf, and clause 6.8 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, and do not contain Customer Content.
231
2326.7 Export. Administrators can export Customer Content, including Personalisation Data, at any time while the Organisation Account is active.
233
2346.8 After termination. Administrators can export Customer Content at any time while the Organisation Account is active. When the Organisation Account closes, whether because it is terminated or because its last member leaves, Customer Content is deleted. Copies may remain in our routine backups for up to 30 days and are then deleted, and we keep the records described in clause 6.6A for as long as clause 6.6A says.
235
236
237
238## 7. Data protection
239
2407.1 Roles. For Customer Content, the Customer is the controller and we are its processor. We process Customer Content only on the Customer's documented instructions, which include providing the Service under these terms. Our [Data Processing Agreement](/terms/dpa) forms part of these terms and governs that processing. Where it conflicts with these terms on data protection, it prevails.
241
2427.2 Where we are controller. We are the controller for Service Data under clause 8, for account, billing and contact data, and for security and abuse detection. Our [Privacy Policy](/terms/privacy) explains that processing.
243
2447.3 Customer warranty. The Customer warrants that it has a lawful basis for the processing it instructs, that it has given any notices and obtained any consents required, and that its instructions comply with data protection law.
245
2467.4 Personalisation. To draft in an Authorised User's voice, the Service builds a record of preferences, style and patterns of work ("Personalisation Data"). This is Customer Content, it can be exported like any other Customer Content, and it is deleted when the Organisation Account closes.
247
2487.5 How we use Customer Content, and the Customer's choices. We use Customer Content in the ways set out below, which are different from one another.
249
250(a) To run the Service. We use Customer Content to provide the Service, including learning each user's style and preferences to draft in their voice, sort inboxes and prepare briefings. This is the Customer's content used to deliver the Service to the Customer, and is part of the Service. It changes no shared model: it happens when we prepare each result, and the personalisation record for a user is used only for that user or the Organisation Account and is not pooled across customers.
251
252(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, and we run a redaction step to remove special category information, and we do not use content that has not been through that step. Where we carry out this training we act as a controller of that processing, not as the Customer's processor, and our Privacy Policy explains the basis. The Customer can opt out under clause 7.5(e).
253
254(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 breaches or security incidents. This may include review by our own staff and by people contracted to us under confidentiality obligations.
255
256(d) What we never do. We do not sell Customer Content, use it for advertising profiling, make it public, or use it to make automated decisions producing legal or similarly significant effects on any individual. The models are private to Fyxer, are not shared with and do not form part of any other provider's general models, and we do not permit the providers whose platforms we use for training to use Customer Content to train their own general models.
257
258(e) The Customer's choice about improving the Service for everyone. The Customer may tell us, at any time, not to use its Customer Content for the training in clause 7.5(b). This one choice stops both the use of personal data and the use of the Customer's confidential information for training (clause 16.1A). We will stop using its Customer Content in any future training. We cannot remove it from models already built, but it will not be used again. This does not affect the Service or the personalisation in clause 7.5(a).
259
2607.5A The Customer is responsible, under clause 5 and the Data Processing Agreement, for the individuals whose data it puts into the Service. Separately from the uses above, we may review specific content to investigate a suspected breach of clause 5 or a security incident, and may use what we learn to improve our safety and abuse detection.
261
2627.6 Model providers. We use large language models supplied by third parties, listed on our [Sub-processor list](/legal/sub-processors), and act as sub-processors under the DPA. We may add, remove or change providers in accordance with the DPA and will keep that list current.
263
264
265
266## 8. Service Data and feedback
267
2688.1 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, analyse and improve the Service. We share it externally only in aggregated, anonymised form that cannot identify the Customer or any individual.
269
2708.2 If the Customer or an Authorised User sends us suggestions or feedback we may use them freely, without owing anything. The Customer keeps any rights it already had in the underlying ideas.
271
272
273
274## 9. The Service
275
2769.1 We will provide the Service with reasonable skill and care and substantially as described 
276in our Documentation.
277
2789.2 We aim to make the Service available at all times but cannot promise it will never be unavailable, and will give notice of planned maintenance where we reasonably can.
279
2809.3 AI output. Output can be wrong, incomplete or misleading and can misrepresent people, places or facts. It must be reviewed before being relied on, sent or acted on. It is not a substitute for professional advice.
281
2829.4 Actions taken on your behalf. Where the Service can act for an Authorised User, the level of autonomy is controlled by settings in the Service. The Customer is responsible for the settings it and its Authorised Users choose and for what the Service does within them.
283
2849.4A Moving to a smaller plan. If the Organisation Account moves to a free or smaller plan, whether by choice or under clause 4.6, Customer Content is kept. Features above the limits of the new plan stop being available, and we will say which ones before the change takes effect.
285
2869.5 Beta features. Features labelled beta, preview or experimental are provided as they are, without warranty, and may be changed or withdrawn at any time.
287
2889.6 We do not promise the Service will meet every requirement, or be free from errors, interruptions or vulnerabilities.
289
2909.7 Support. We provide support in line with our Support Policy, which describes the support available and any service levels that apply.
291
292
293
294## 10. Our intellectual property
295
29610.1 We own the Service, the software behind it and our Documentation, and all intellectual property rights in them. These terms grant the Customer a non-exclusive, non-transferable right to use the Service during the subscription and nothing more.
297
29810.2 We confirm we hold all the rights we need to provide the Service.
299
30010.3 Logo. We will not use the Customer's name or logo in marketing without asking first, and will stop and remove it within a reasonable time if asked.
301
302
303
304## 11. Changes to the Service
305
30611.1 We develop the Service continuously and will add, change and improve features over time.
307
30811.2 If we withdraw or materially reduce a feature the Customer actively uses, we will give at least 30 days' notice. If the change materially disadvantages the Customer, it may terminate and we will refund the unused part of anything paid in advance, together with the value of any unused Top-ups.
309
31011.3 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, telling the Customer as soon as we reasonably can afterwards.
311
312
313
314## 12. Changes to these terms
315
31612.1 We may change these terms and our prices from time to time, and only for a good reason, including: changes in the law, regulation or regulatory guidance; changes in our costs, including the cost of the models and infrastructure we rely on; changes to the Service, including changes made by a Connected Service or model provider; to improve security or address a risk; to adopt new technology or adapt to changes in the technology we rely on; to respond to circumstances beyond our reasonable control; or to make the terms clearer or correct an error where this does not disadvantage the Customer.
317
31812.2 Changes that disadvantage the Customer. If a change would materially disadvantage the Customer, including any price increase, we will notify the Administrators by email or in the Service at least 30 days before it takes effect, saying what is changing and why.
319
32012.3 If the Customer objects. If the Customer objects before the change takes effect it may terminate with immediate effect, 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 before termination takes effect. If the Customer does not object and continues using the Service, the change applies from the date in our notice.
321
32212.4 Other changes. Changes that do not materially disadvantage the Customer take effect when we publish the updated terms, and we always update the effective date at the top.
323
32412.5 Urgent changes. Where a change is needed to comply with the law or address a security or safety risk we may give shorter notice, or none, giving as much as we reasonably can and telling the Customer as soon as possible afterwards.
325
326
327
328## 13. Liability
329
33013.1 Neither of us excludes or limits liability for death or personal injury caused by negligence, for fraud or fraudulent misrepresentation, or for anything else the law does not allow to be excluded.
331
33213.2 Subject to clause 13.1, neither of us is liable for loss of profits, business, anticipated savings or goodwill, loss or c
332orruption of data, or any indirect or consequential loss.
333
33413.3 Subject to clauses 13.1 and 13.4, our total liability in any 12 month period is limited to the greater of £5,000 and the fees paid by the Customer in the 12 months before the claim arose.
335
33613.4 The Customer will indemnify us against third party claims arising from: its or its Authorised Users' breach of clause 5; a failure to obtain the consents required by clause 5.1(b) or 5.2; use of output contrary to clause 5.3; connecting an account it was not entitled to connect; or claiming a domain or an account under clause 3 without entitlement. We will tell the Customer promptly of any claim, let it control the defence, and cooperate at its cost. We will not settle without its agreement.
337
33813.5 Authorised Users. Unless an Authorised User is also the Customer, they have no financial liability to us under the User Terms. Our recourse is to the Customer.
339
34013.6 We will defend the Customer against any claim that its proper use of the Service infringes a third party's intellectual property rights, and cover damages awarded or agreed in settlement, provided we are told promptly, control the defence and are given cooperation. We may modify the Service, obtain a licence, or terminate and refund fees paid for the unused period.
341
34213.7 We are not liable for loss resulting from a Connected Service, from output used without review, or from the autonomy settings chosen under clause 9.4.
343
344
345
346## 14. Suspension and enforcement
347
34814.1 We ask the Customer first. Where we believe there is a breach that the Customer can remedy by removing content, changing a setting or taking action against an Authorised User, we will ask the Customer to act rather than intervening ourselves.
349
35014.2 We may act directly, including by removing content or suspending an individual account or the Organisation Account, if the Customer does not act within a reasonable time, or if we believe there is a credible risk of harm to us, the Service, its users or any third party.
351
35214.3 We may also suspend where use is affecting the security or integrity of the Service or our ability to provide it reliably to others, or where suspension is necessary to comply with the law. Where payment is outstanding, clause 4.6 applies first and the Organisation Account moves to the free plan allowance rather than being suspended. We may suspend the Organisation Account for non-payment only if it remains unpaid 30 days after that move, and we will tell the Administrators before we do.
353
35414.4 Before suspending we will tell the Administrators why and, where circumstances allow, give a chance to put it right. We will lift the suspension once the reason has gone.
355
35614.5 Appeals. Where we suspend or close an account or remove content we will give reasons, unless the law prevents us or doing so would compromise an investigation, and the decision can be challenged by reply for review by a person.
357
358
359
360## 15. Term and termination
361
36215.1 These terms start when the Organisation Account is created and continue until terminated.
363
36415.2 The Customer may terminate at the end of any billing period by cancelling in the Service.
365
36615.3 Either of us may terminate immediately on written notice if the other materially breaches these terms and either the breach cannot be remedied or it is not remedied within 30 days of being asked.
367
36815.4 We may terminate on 30 days' notice, refunding the unused portion of anything paid in advance and the value of any unused Top-ups.
369
37015.5 On termination. All rights to use the Service stop. Clause 6.8 governs Customer Content. Authorised Users on personal email addresses may open individual accounts under the [Consumer Terms](/terms/consumer), but Customer Content does not go with them. Accounts on the Customer's domains close, subject to clause 6.8.
371
37215.6 Termination does not affect any right, remedy, obligation or liability either party has accrued up to the date of termination, including any Subscription Fees or other amounts that had fallen due and any right to claim damages for a breach existing at or before that date. Clauses 4, 6, 7, 8, 10, 13, 16 and 17 survive termination.
373
37415.7 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 provide export tools first.
375
376
377
378## 16. Confidentiality
379
38016.1 Each of us may receive confidential information from the other, meaning information marked confidential or that the receiver knew or should reasonably have known was confidential. Each of us will keep it secret, use it only to perform these terms, and share it only with people who need it and are under equivalent obligations.
381
38216.1A As an exception, we may use Customer Content that is the Customer's confidential information to train and improve our AI models as described 
382in clause 7.5, unless the Customer has opted out under clause 7.5(e). This use is subject to all the limits in clause 7.5, and using it for that purpose is not a breach of clause 16.1. If the Customer opts out, we stop using its Customer Content for training; we cannot remove it from models already built, but it will not be used again. Clause 7.5(e) is the single way to opt out, and doing so stops both the training use of personal data and the training use of confidential information.
383
38416.2 This does not apply to information that is public through no fault of the receiver, was already known to the receiver, is received from someone free to share it, or is independently developed.
385
38616.3 Either of us may disclose where the law or a regulator requires, giving the other as much notice as is lawfully possible.
387
38816.4 These obligations continue for five years after termination.
389
390
391
392## 17. Other terms
393
39417.1 Notices. We will contact the Customer by email to its Administrators or through the Service. Notice by email is treated as received the next business day; notice in the Service, the same day. Notices to us go to [email protected].
395
39617.2 Assignment. The Customer may not assign or transfer without our written agreement, not to be unreasonably withheld. We may assign to an affiliate or in connection with a merger, acquisition or sale of substantially all our assets.
397
39817.3 Severability, waiver, no partnership. If any part is invalid the rest continues. Delay in enforcing is not a waiver. Nothing creates a partnership or agency.
399
40017.4 Third parties. No one other than the Customer and us has rights under these terms, except that our model providers and other suppliers may rely on and enforce clauses 9 and 13.
401
40217.5 Force majeure. Neither of us is liable for failing to perform because of something genuinely beyond reasonable control. If it continues more than 30 days either may terminate and we will refund the unused portion of anything paid in advance.
403
40417.6 Entire agreement. These terms, with the DPA, Documentation and Privacy Policy, are the whole agreement on this subject and replace anything said or written before. Nothing limits liability for fraud.
405
40617.7 Governing law and jurisdiction. The law of England and Wales, and the exclusive jurisdiction of its courts.
407
408
409
410## 18. What the words mean
411
412Administrator: a person nominated by the Customer under clause 2.1.
413
414Authorised User: a person the Customer adds to the Organisation Account.
415
416Connected Services: email, calendar, meeting and other accounts connected to the Service.
417
418Credits: the units in which usage is measured. The plan's monthly quantity is the included Credits (clause 4.2); additional units bought are Top-ups (clause 4.5).
419
420Top-ups: defined in clause 4.5.
421
422Providing Organisation: defined in clause 3A.1.
423
424Viewer: defined in clause 2.4A.
425
426Customer Content: defined in clause 6.1.
427
428DPA: our [Data Processing Agreement](/terms/dpa).
429
430Documentation: the description of the Service and user guidance at a URL to be confirmed.
431
432Personalisation Data: defined in clause 7.4.
433
434Privacy Policy: our [Privacy Policy](/terms/privacy), which explains how we handle personal data where we are controller.
435
436Service: the Fyxer AI service provided through app.fyxer.com and related applications and integrations.
437
438Service Data: defined in clause 8.1.
439
440Subscription Page: the page in the Service showing plans, allowances and prices.
441
442Support Policy: our policy describing the support we provide, at a URL to be confirmed.
443
444Consumer Terms: our terms for individual accounts used for personal purposes, at [Consumer Terms](/terms/consumer).
445
446User Terms: our terms binding individuals who access content through someone else's account, at [User Terms](/terms/user).
447
448Organisation Account: defined in clause 1.2.
449
450
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