These Terms of Use ("Terms") govern your access to and use of the Tempera web application, mobile application (iOS and Android), and application programming interfaces (APIs) (together, the "Services"), operated by Fygo Labs ([[FYGO LABS — FULL LEGAL ENTITY NAME]], "we", "us", "our"). By creating an account, or by accessing or using the Services, you agree to these Terms. If you do not agree, do not use the Services.
Tempera is a business-to-business platform for creative agencies and their teams. It is not directed at consumers or children. If you use the Services on behalf of an organisation, you represent that you are authorised to accept these Terms for it, and "you" refers to that organisation.
These Terms are principles-based and jurisdiction-neutral; they should be read as the nearest equivalent under the law applicable to your deployment ([[GOVERNING LAW / JURISDICTION]]). Where the Services are provided to you under a separate written agreement (for example, an order form or master subscription agreement), that agreement governs and prevails over these Terms to the extent of any conflict.
1. Definitions
- Customer — the agency, operator, or organisation that subscribes to or self-hosts the Services and determines who may use them.
- Operator — the party that runs a given installation (our cloud, or a self-hosted deployment) and supplies the credentials the Services run on.
- Authorised User — an individual the Customer permits to use the Services (a team member, freelancer, or client reviewer).
- Customer Content — the material you or your Authorised Users upload, submit, or generate through the Services, including brand guidelines, correspondence, prior work, and the inputs to and outputs of AI tasks.
- Output — content generated by the Services in response to your inputs.
- Third-Party Service — an external service configured for a deployment, such as an AI model provider, file storage, or outbound email.
2. Who may use the Services
You may use the Services only if you can form a binding contract with us and are not barred under the law applicable to you. Access is provided through a Customer, which decides who may use the Services, assigns roles, and configures much of how the Services behave. The Customer is responsible for its Authorised Users' compliance with these Terms.
3. Accounts and security
You must provide accurate account information and keep it current. You are responsible for safeguarding your credentials and for all activity under your account. Sign-in may use a password or a supported single sign-on provider; where offered, two-factor authentication is strongly recommended. Notify us promptly of any unauthorised use. We may suspend an account we reasonably believe has been compromised.
4. Acceptable use
You agree not to, and not to permit any Authorised User to:
- use the Services in violation of applicable law or the rights of others;
- upload content you lack the rights to use, or that is unlawful, infringing, or harmful;
- present unreviewed Output as final or client-ready in a way that misleads, or attribute Output to a person who did not review it, contrary to the review workflow the Services are built around;
- attempt to bypass access controls, tenancy isolation, usage metering, billing, or rate limits, or probe, scan, or test the vulnerability of the Services without authorisation;
- reverse engineer, decompile, or attempt to extract source code, except to the extent this restriction is prohibited by applicable law;
- resell, sublicense, or provide the Services to third parties except as expressly permitted (for example, an operator/reseller arrangement agreed with us); or
- interfere with or disrupt the integrity or performance of the Services.
5. Your content and inputs
As between you and us, you retain all rights in your Customer Content. You grant us, and the Operator of your installation, a worldwide, non-exclusive licence to host, store, process, transmit, and display Customer Content solely to provide, secure, and support the Services, and as directed by your configuration. You are responsible for having the rights and permissions necessary for your Customer Content and for its lawful use, including any personal data it contains (see Section 12).
6. AI-generated output
The Services use artificial intelligence to generate Output. AI Output can be inaccurate, incomplete, biased, or unsuitable, and may resemble other material. The Services are built around a human review gate: Output is a draft until an accountable person reviews and approves it, and you are responsible for reviewing, editing, and verifying Output before you rely on it or make it client-ready. As between you and us, and subject to the rights of Third-Party Service providers and any underlying material, you own the Output you are permitted to generate; we claim no ownership of it. We make no warranty that Output is accurate, non-infringing, or fit for any purpose.
7. Third-party services and bring-your-own-keys
The Services are designed to run key external functions — AI model providers, file storage, and outbound email — on credentials that the Operator or Customer supplies and controls ("BYOK"). Where a Third-Party Service is configured, your content flows directly to the provider chosen for that deployment, under that provider's own terms, and your use of it is governed by that provider's agreement. We are not responsible for Third-Party Services, and their availability, changes, or terms are outside our control. Where we act as the Operator of our cloud and provide access to a Third-Party Service, that access is subject to the provider's terms in addition to these Terms.
8. Plans, fees, and billing
Paid plans are billed as described on our pricing page and in any order you accept. Our pricing model is a platform fee per active client — a client that had at least one AI task generated in the month — plus the AI usage those tasks consume, unless you bring your own provider keys, in which case you pay that provider directly and we bill only the platform fee. Fees are billed in arrears based on metered usage, are stated exclusive of taxes (which you are responsible for), and are non-refundable except where required by law or expressly stated. We may change fees prospectively on reasonable notice; changes do not affect a committed annual term already in force. Published prices are launch pricing and may change until finalised.
9. Trials, previews, and beta features
We may offer trials, previews, or features identified as beta or experimental. These are provided "as is", may be changed or withdrawn at any time, and may be subject to additional terms. Nothing generated or configured during a trial is guaranteed to carry over.
10. Intellectual property
The Services, and all software, models integrated by us, designs, and trademarks associated with them, are owned by us or our licensors and are protected by law. Except for the limited right to use the Services under these Terms, no rights are granted to you. If you send us feedback or suggestions, you grant us a perpetual, irrevocable, royalty-free licence to use them without restriction or obligation to you.
11. Confidentiality
Each party may access the other's non-public information in connection with the Services. Each party will protect the other's confidential information with reasonable care and use it only to perform under these Terms, except where disclosure is required by law. This section does not limit either party's rights or obligations regarding personal data, which are governed by Section 12 and the applicable data-processing terms.
12. Privacy and data protection
Our handling of personal data is described in our Privacy Policy, which is incorporated into these Terms by reference. Where we process personal data in Customer Content on your behalf, we act as a processor on your instructions and the applicable data-processing terms apply; you act as the controller and are responsible for having a lawful basis for the content you upload.
13. Service changes and availability
We may add, change, or discontinue features of the Services, and perform maintenance, from time to time. We aim to give reasonable notice of material adverse changes to a paid Service. The Services are provided on an "as available" basis; we do not guarantee uninterrupted or error-free operation except as set out in a separate service-level commitment, where one applies.
14. Disclaimers
To the maximum extent permitted by law, the Services and all Output are 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, non-infringement, and any warranty regarding accuracy or results. Some jurisdictions do not allow the exclusion of certain warranties, so some of these exclusions may not apply to you.
15. Limitation of liability
To the maximum extent permitted by law, neither party will be liable for indirect, incidental, special, consequential, or exemplary damages, or for lost profits, revenue, data, or goodwill, arising out of or relating to the Services, even if advised of the possibility. To the maximum extent permitted by law, our total aggregate liability arising out of or relating to the Services will not exceed the fees you paid us for the Services in the twelve months before the event giving rise to the liability. Nothing in these Terms limits liability that cannot be limited under applicable law.
16. Indemnification
You will defend, indemnify, and hold us harmless from third-party claims, damages, and costs arising from your Customer Content, your use of the Services in breach of these Terms, or your violation of law or the rights of others, except to the extent caused by us.
17. Suspension and termination
You may stop using the Services at any time. We may suspend or terminate access if you materially breach these Terms, if required by law, or to protect the Services or other users. On non-payment, an online plan enters a grace window and then a read-only state (you can still view and export) rather than a data lockout. On termination, your right to use the Services ends; you may export your Customer Content for a reasonable period, after which it may be deleted in the ordinary course. Sections that by their nature should survive (including 5, 6, 10, 11, 14, 15, 16, and 19) survive termination.
18. Changes to these Terms
We may update these Terms from time to time. If we make a material change, we will take reasonable steps to notify you (for example, by posting the updated Terms with a new "last revised" date or by notice within the Services). Your continued use after a change takes effect constitutes acceptance. If you do not agree to a change, stop using the Services.
19. Governing law and disputes
These Terms are governed by the laws of [[GOVERNING LAW / JURISDICTION]], without regard to conflict-of-laws rules, and the courts or dispute-resolution venue of [[DISPUTE RESOLUTION VENUE]] will have jurisdiction, subject to any mandatory rights you have under the law applicable to you.
20. General
These Terms, together with any order and our Privacy Policy, are the entire agreement between you and us regarding the Services. If any provision is held unenforceable, the rest remains 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 to an affiliate or in connection with a merger, acquisition, or sale of assets. Notices to you may be given within the Services or to your account contact.
21. How to contact us
For questions about these Terms, contact us at [[LEGAL CONTACT EMAIL]], or by post at [[REGISTERED ADDRESS]].