Terms of Service

01The Service

fdx provides agentic AI software for commerce and e-commerce brands, including agents that resolve support requests, orchestrate order and operational workflows, and related tooling. The Service lets you configure how far each agent may act, from suggest-only to autonomous, subject to the guardrails you set.

Parts of the Service are offered on an early-access or beta basis and may be incomplete, change materially, or be withdrawn. Features described on our marketing pages may not all be generally available. We identify which capabilities are live and which are forthcoming, but the Service is provided on the basis set out in these Terms.

02Eligibility and accounts

You must be at least 18 years old and capable of forming a binding contract to use the Service. You are responsible for the accuracy of the information you provide and for maintaining the confidentiality of your account credentials.

You are responsible for all activity that occurs under your account, and for ensuring that anyone you permit to use the Service complies with these Terms.

03Early access and no charges

The Service is currently offered on an early-access and demand-validation basis. Joining the waitlist or requesting early access does not create a paid subscription and does not, by itself, grant access to paid features. We onboard participants in stages.

We do not charge you to use the Service, and no money changes hands through it. Any payment-method field shown is part of an interest-signal step only: no payment is taken, no card details are stored, and no subscription is created. If we introduce paid plans in the future, we will present the applicable fees and terms to you before you incur any charge, and those terms will supplement these Terms.

04Your data and content

As between you and fdx, you retain all rights in the data, catalogues, policies, messages, and other content you or your customers provide to the Service ("Customer Data"). You grant us a limited, worldwide, non-exclusive licence to host, process, and use Customer Data solely to provide, secure, and improve the Service, and as otherwise permitted by our Privacy Policy.

You are responsible for the lawfulness of the Customer Data you provide, for having any necessary rights and consents (including from your own customers), and for your configuration of the agents, guardrails, and approval steps. You should review agent output and retain human approval for high-value or high-risk actions.

05Acceptable use

You agree not to, and not to permit any third party to:

• use the Service in violation of any applicable law or third-party rights;
• upload or transmit unlawful, infringing, harmful, or deceptive content, or malware;
• attempt to gain unauthorized access to the Service or its systems, or interfere with its integrity or performance;
• reverse engineer, decompile, or attempt to extract source code, except to the extent permitted by law;
• resell, sublicense, or provide the Service to third parties except as expressly permitted; or
• use the Service to build a competing product, or to train a competing machine-learning model.

06Third-party services and integrations

The Service is designed to integrate with third-party platforms you choose to connect, such as Shopify, email providers, messaging channels, and marketing tools. Your use of those services is governed by their own terms and privacy policies. We are not responsible for third-party services, and connecting them may allow the Service to read and write data on your behalf, subject to the permissions you grant.

07Intellectual property

The Service, including all software, models, interfaces, text, and design (excluding Customer Data), is owned by fdx and its licensors and is protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable right to use the Service in accordance with these Terms. All rights not expressly granted are reserved. If you provide feedback or suggestions, you grant us a perpetual, royalty-free licence to use them without restriction.

08AI outputs and no professional advice

The Service uses automated and AI systems that can make mistakes and may produce inaccurate or unexpected output. You are responsible for reviewing output and for the guardrails and approvals you configure. The Service does not provide legal, financial, tax, or other professional advice, and output should not be relied on as such.

09Disclaimers

To the maximum extent permitted by law, the Service is provided "as is" and "as available", without warranties of any kind, whether express, implied, or statutory, including implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. We do not warrant that the Service will be uninterrupted, error-free, secure, or that it will meet your requirements, particularly for early-access or beta features.

10Limitation of liability

To the maximum extent permitted by law, fdx and its affiliates, officers, employees, and suppliers will not be liable for any indirect, incidental, special, consequential, or exemplary damages, or for any loss of profits, revenue, data, goodwill, or business, arising out of or related to the Service, even if advised of the possibility of such damages.

To the maximum extent permitted by law, our total aggregate liability arising out of or related to these Terms or the Service will not exceed the greater of the amounts you paid to us for the Service in the twelve months before the event giving rise to the liability, or one hundred US dollars (USD 100). Nothing in these Terms excludes or limits liability that cannot be excluded or limited under applicable law.

11Indemnification

You will defend, indemnify, and hold harmless fdx and its affiliates from and against any claims, damages, liabilities, and expenses (including reasonable legal fees) arising out of your Customer Data, your use of the Service, or your breach of these Terms or of applicable law.

12Term and termination

These Terms apply while you use the Service. You may stop using the Service at any time. We may suspend or terminate your access, with or without notice, if you breach these Terms, if required by law, or if we discontinue the Service. On termination, your right to use the Service ends. Provisions that by their nature should survive termination will survive, including ownership, disclaimers, limitations of liability, and indemnification.

13Changes to the Service and these Terms

We may modify the Service and these Terms from time to time. If we make material changes, we will take reasonable steps to notify you, for example by posting the updated Terms with a new "last updated" date or by contacting you. Your continued use of the Service after changes take effect constitutes acceptance of the revised Terms.

14Governing law and disputes

These Terms are governed by the laws of the State of Delaware, United States, without regard to conflict-of-laws rules. The state and federal courts located in Delaware will have exclusive jurisdiction over any dispute arising out of or relating to these Terms or the Service, and you consent to their jurisdiction and venue, subject to any mandatory consumer-protection rights available to you in your place of residence.

15General

These Terms, together with the Privacy Policy and any order or plan terms, are the entire agreement between you and fdx regarding the Service. If any provision is found unenforceable, the remaining provisions remain in effect. Our failure to enforce a provision is not a waiver. You may not assign these Terms without our consent; we may assign them in connection with a merger, acquisition, or sale of assets. Neither party is liable for delays or failures caused by events beyond its reasonable control.

16Contact

Questions about these Terms can be sent to legal@joinfdx.ai.