Terms of Service

These Terms of Service (“Terms”) are a binding agreement between fntune, Inc. (“fntune,” “we,” “us”) and the entity or person (“Customer,” “you”) that creates a Subport account or uses the Subport platform at subport.io (the “Service”). If you are agreeing to these Terms on behalf of a company, you represent that you have authority to do so.

By creating an account, clicking “I agree,” or using the Service, you agree to these Terms. If you do not agree, do not use the Service.

1. The Service

Subport is an AI-powered customer support automation platform. The Service you receive depends on the plan you subscribe to. Plan features and limits are described at subport.io/pricing and are incorporated into these Terms by reference. We may add, modify, or remove features; we will not materially reduce features of a paid plan during a paid term without notice.

2. Account registration

You must provide accurate and complete information and keep it up to date. You are responsible for all activity under your account and for safeguarding your credentials. Notify us immediately at security@subport.io of any unauthorized access.

Subport accounts are for business use. You must be at least 18 years old to create an account.

3. Free trial

We may offer a 14-day free trial. Unless you cancel before the trial ends, your subscription will convert to the plan you selected at the then-current price and your payment method will be charged. You may cancel at any time from in-app settings or by contacting billing@subport.io.

4. Fees and billing

Subscription fees. You agree to pay the fees for your plan, including any applicable taxes, in advance on a monthly or annual basis as selected.

Annual discount. Annual subscriptions are offered at approximately 20% off the monthly rate. Annual fees are non-refundable except as required by law.

Payment method. Fees are charged to the payment method on file via our payment processor, Stripe. You authorize recurring charges for the duration of your subscription.

Overages and usage limits.If you exceed your plan’s usage limits (e.g., AI-handled conversations), we will notify you and, unless you upgrade, we may rate-limit or suspend service for the excess until the next billing period.

Price changes.We may change fees for renewal terms. We will give at least 30 days’ notice before a price change takes effect. You may cancel before the new rate applies.

Failed payments. If payment fails, we will attempt to collect again and notify you. If payment is not received within 14 days, we may suspend the account; within 30 days, we may terminate.

5. Cancellation and refunds

You may cancel your subscription at any time from in-app settings. Cancellation takes effect at the end of the current billing period; you retain access until that date.

We do not provide pro-rated refunds for partial periods, except where required by law.

6. Your content; our license

Your content. You retain all right, title, and interest in and to the content you or your End Users submit to the Service (“Customer Content”), including support messages, knowledge base articles, agent configurations, and data from connected integrations.

Limited license to us. You grant fntune a worldwide, non-exclusive, royalty-free license to host, copy, transmit, and display Customer Content solely to provide and improve the Service, perform our obligations under these Terms, and comply with law.

Model training. On Enterprise plans, we will not use Customer Content to train our own or any third party’s generative AI models without your explicit written consent. On Starter, Pro, and Business plans, we may use de-identified and aggregated data derived from your use of the Service to train and improve our models. We never sell Customer Content, and we do not share identifiable Customer Content with third parties for their own model training.

Feedback. If you submit suggestions or feedback about the Service, you grant us an unlimited, perpetual, royalty-free license to use it without obligation to you.

7. Acceptable use

You will not, and will not permit your End Users to:

• Use the Service to send spam, unsolicited messages, or materially misleading communications;
• Use the Service for unlawful, harmful, deceptive, or infringing content, including harassment, hate speech, or content that sexualizes or endangers minors;
• Attempt to reverse-engineer, decompile, or extract source code of the Service, except to the extent such restriction is prohibited by applicable law;
• Interfere with or disrupt the Service, bypass rate limits, or access the Service through automated means except via our documented APIs within their terms;
• Upload malicious code, viruses, or content that violates the rights of others;
• Resell, sublicense, or provide the Service to third parties other than your End Users without our written permission;
• Use the Service to build or train a competing product.

We may suspend or terminate accounts that violate this section.

8. Data protection

Our processing of personal data is governed by our Privacy Policy. If you require a Data Processing Agreement for GDPR or similar regimes, contact privacy@subport.io — our standard DPA is available on request.

9. Service levels and support

Uptime target. For the Business plan, we target 99.9% monthly uptime, measured as the percentage of total minutes in a calendar month during which the Service is available, excluding scheduled maintenance and force majeure.

Service credits (Business plan). If monthly uptime falls below the targets below, you may request a service credit applied to the following billing period:

• Less than 99.9% but at least 99.0% — 10% of the monthly fee
• Less than 99.0% but at least 95.0% — 25% of the monthly fee
• Less than 95.0% — 50% of the monthly fee

Credits are capped at 50% of the applicable monthly fee, are your sole and exclusive remedy for any unavailability, and must be requested in writing to billing@subport.iowithin 30 days of the end of the affected month. Free trials, Starter plans, and Pro plans are provided on a “commercially reasonable efforts” basis without service credits.

Support. Support hours and response time targets depend on your plan; see subport.io/pricing.

10. Intellectual property

The Service, including its software, user interface, trademarks, and documentation, is owned by fntune or our licensors and protected by intellectual property laws. These Terms grant you a limited, non-transferable, non-exclusive right to use the Service during your subscription; no other rights are granted.

11. Third-party services

The Service may integrate with third-party products (e.g., Slack, HubSpot, Stripe, WhatsApp Business). Your use of those services is governed by their terms. We are not responsible for third-party services.

12. Disclaimers

The Service is provided “as is” and “as available.” To the fullest extent permitted by law, fntune disclaims all warranties, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. AI-generated outputs may be inaccurate; you are responsible for reviewing AI-generated content before relying on it.

13. Limitation of liability

To the fullest extent permitted by law, fntune’s aggregate liability under these Terms in any 12-month period will not exceed the amounts you paid to fntune under these Terms in that 12-month period. fntune will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages, or for lost profits, revenue, data, or goodwill, even if advised of the possibility.

Some jurisdictions do not allow limits on certain liabilities; in those jurisdictions, our liability is limited to the greatest extent permitted.

14. Indemnification

You will indemnify, defend, and hold harmless fntune, its officers, employees, and agents from any claim arising out of your Customer Content, your use of the Service in violation of these Terms, or your violation of law.

15. Term and termination

These Terms remain in effect for the duration of your subscription. Either party may terminate for material breach if the breach is not cured within 30 days of notice. On termination, your right to use the Service ends and we will delete or anonymize Customer Content within 90 days, except as required for compliance.

16. Governing law and dispute resolution

These Terms are governed by the laws of the State of Delaware, without regard to conflict-of-law rules. The parties consent to exclusive jurisdiction and venue in the state and federal courts located in New Castle County, Delaware, except that either party may seek injunctive relief in any court of competent jurisdiction.

17. Changes to these Terms

We may update these Terms. If changes are material, we will give at least 30 days’ notice by email or in-app. Continued use after the effective date constitutes acceptance. If you do not agree, you may cancel before the change takes effect.

18. Miscellaneous

• Assignment. You may not assign these Terms without our written consent. We may assign them in connection with a merger, acquisition, or sale of assets.
• Notices. Notices to fntune must be sent to legal@subport.io. Notices to you will be sent to the email on your account.
• Entire agreement. These Terms, the Privacy Policy, and any order form or DPA between us constitute the entire agreement.
• Severability. If any provision is unenforceable, the remainder will remain in effect.
• No waiver. Failure to enforce a provision is not a waiver.
• Force majeure. Neither party is liable for delays caused by events beyond its reasonable control.

19. Contact