Fuga Terms and Conditions
Effective Date: January 2026 (the “Effective Date”)
These Terms and Conditions (“Terms”) constitute a binding agreement between you (“User”, “you”) and Fuga Technologies Ltd., an Israeli company providing a cloud-based creative automation platform, AI-powered design tools, and an Adobe InDesign plugin (“Fuga”, “we”, “us” or “our”). By accessing or using any part of the Service, you acknowledge that you have read, understood, and agreed to be legally bound by these Terms. If you do not agree, you must refrain from using the Service.
If you use the Service on behalf of an organization, you represent that you have full authority to bind that organization to these Terms.
For clarity and consistency, the following definitions apply:
“Service” – Fuga’s cloud-based design platform, including the web interface, InDesign plugin, automation tools, AI features, APIs, documentation, integrations, and any related online or offline components.
“User Content” – Any content uploaded, submitted, imported, synchronized, generated, or otherwise made available via the Service, including designs, images, fonts, templates, data, metadata, text, AI-generated outputs, and related materials.
“Subscription” – A paid or free plan permitting access to the Service for a defined term, subject to applicable fees and usage limitations.
“Written Consent” An explicit written consent provided by the Customer or User, as applicable, by email.
“Team Account” – A subscription that authorizes multiple users under one organizational account, administered by an account owner.
“Law” – Any applicable statute, regulation, or legal requirement, including GDPR/UK GDPR, CCPA/CPRA, PIPEDA, Israeli Privacy Protection Law, Swiss FADP, and other relevant jurisdictions based on User location.
Accessing or using the Service constitutes acceptance of these Terms. We may update or revise these Terms periodically to reflect operational, technological or legal changes. When material modifications occur, we will provide notice (e.g., posting an updated version, email notification or in-platform message). Unless otherwise stated, modifications do not apply retroactively, and changes become effective on the date specified. Continued use of the Service after the effective date constitutes acceptance of the revised Terms.
If you do not agree to the modified Terms, you must discontinue use of the Service.
3.1 Age and Legal Capacity. You must be at least 18 years old (or the age of majority in your jurisdiction) to use the Service.
3.2 Registration Requirements. You agree to provide accurate and complete account information and to keep such information updated. You are responsible for maintaining account confidentiality and all activity on your account.
Unauthorized use must be reported immediately to: [email protected].
3.3 Team and Enterprise Accounts. Organizations using a Team subscription must designate an administrator with authority to manage users, roles and permissions. The organization is fully responsible for all activity conducted by users under its account.
4.1 Service Description. The “Service” refers to Fuga’s cloud-based creative automation environment, including but not limited to the web application, design studio, Adobe InDesign plugin, AI-powered generation and transformation tools, APIs, integrations, and all related support, maintenance, resources and documentation made available by Fuga from time to time.
4.2 License Grant. Subject to your continued compliance with these Terms and timely payment of all applicable fees, Fuga grants you a personal, limited, revocable, non-exclusive, non-transferable, and non-sublicensable license to access and use the Service solely for your internal business purposes or personal creative work during your Subscription term.
4.3 Restrictions on Use. Except where expressly permitted by Law or by Fuga in writing, you shall not: (a) copy, reproduce, modify, translate, adapt or create derivative works of the Service; (b) reverse engineer, decompile, disassemble, or otherwise attempt to extract any source code or underlying technology; (c) resell, sublicense, lease, assign, distribute, share or otherwise make the Service available to any third party, except for authorized Team Users under your account; (d) attempt to circumvent or disable any technical limitations, access controls, usage caps, authentication mechanisms, or security safeguards; or (e) remove, obscure, or alter any proprietary notices, branding or legal markings on or within the Service. Any use of the Service that exceeds the scope of this license is strictly prohibited.
4.4 Acceptable Use Requirements. You agree not to engage in, facilitate or permit any activity that: (a) violates any applicable Law or third-party rights (including IP rights, privacy rights, or contractual rights); (b) involves uploading, storing, or generating content that is unlawful, defamatory, harassing, hateful, obscene, discriminatory, misleading, harmful, or otherwise objectionable; (c) introduces or attempts to introduce viruses, worms, trojans, harmful scripts, or other malicious code; (d) attempts unauthorized access to the Service, Fuga’s systems, user accounts or the underlying infrastructure; (e) interferes with the normal operation, integrity, or performance of the Service (including network abuse, stress testing, or circumventing usage limits); (f) uses automated scripts, scrapers, bots, or harvesting tools; (g) misuses or abuses AI-powered features, including generating prohibited, unlawful, harmful or misleading content.
Fuga may investigate suspected violations and may remove content, suspend access or terminate accounts where reasonable, without liability.
4.5 Beta, Experimental, and Evolving Features. From time to time, Fuga may introduce features, modules, or tools labeled as beta, preview, experimental, or otherwise limited release. Such features are provided “as is”, may contain bugs or incomplete functionality, and may be modified, restricted, or removed at any time without notice.
4.6 Third-Party Services, Integrations, and Dependencies. The Service may interact with or rely on third-party applications, services, hosting providers, analytics platforms or plugins. Your use of any third-party tools, assets or integrations is governed solely by the applicable third-party terms and privacy policies. Fuga assumes no responsibility for third-party materials or their availability, functionality or licensing conditions, including, without limitation, any licensing fees, asset rights, usage restrictions, or violations of third-party terms.
4.7 InDesign Plugin; Local Processing; Diagnostics and Telemetry. The InDesign plugin processes Customer InDesign files locally on the User’s device. Fuga does not receive or upload the contents of Customer design files through the plugin as part of ordinary operation.
Notwithstanding the foregoing, the plugin and/or Service may transmit to Fuga: (a) Customer- or account-linked identifiers and technical information reasonably necessary to provide support and the Service (including troubleshooting, service operations, license enforcement, and security); and (b) aggregated, de-identified, or system-wide telemetry and diagnostic information used to monitor performance and improve the Service. Such information may include size names created by Users, metadata, telemetry, error logs, and crash reports.
If Fuga offers an option to share previews/thumbnails or other content-derived materials for product improvement (including AI capability improvement), such sharing will be enabled only with the Customer’s or User’s explicit Written Consent (by email) and may be subject to additional terms (for example, a discount program). You may withdraw such consent at any time.
5.1 Subscription Plans and Pricing. Access to the Service is provided under various Subscription tiers, each offering different functionality, usage limits or support levels.
The applicable fees for your chosen plan are those published on Fuga’s website or specified in your applicable order form.
Fuga may offer individual, business, team, and enterprise plans, each subject to separate terms.
5.2 Billing Cycle, Payment Obligations, and Authorization. You agree that all Subscription fees are billed in advance, on a recurring basis (monthly, annually or as otherwise specified), and that Fuga and its authorized payment processors may automatically charge your designated payment method at the beginning of each billing period. You authorize Fuga to store and charge your payment method for:
If a charge fails or is disputed, Fuga may suspend or restrict your access until payment is resolved.
Unpaid balances may accrue interest at the maximum rate allowed by Law.
5.3 Taxes. All listed prices exclude applicable taxes. You are solely responsible for all sales, VAT, GST, withholding or similar taxes arising from your Subscription, except for taxes based on Fuga’s net income.
5.4 Renewal Terms, Cancellation, and Refunds. Subscriptions renew automatically at the end of each billing cycle unless you cancel at least 24 hours before the renewal date. Cancellations take effect at the end of the then-current billing period. For monthly subscriptions, cancellation shall take effect no later than thirty (30) days after Fuga receives your notice.
Except where required by Law, all fees paid in advance are nonrefundable, including:
You are responsible for ensuring that your account email remains up to date so you may receive renewal and billing notices.
5.5 Trials, Free Plans, and Promotional Offers. Fuga may provide free plans, discounted periods or trial access.
All such offerings are subject to limitations and may be modified, restricted, or discontinued at any time.
If you do not cancel before the trial ends, you may be automatically transitioned to a paid plan.
5.6 Changes to Fee. Fuga may adjust fees for any Subscription plan.
Revised pricing applies only upon renewal, and we will provide reasonable advance notice via email or through the Service.
6.1 Ownership of User Content. All content, materials and data that you upload, submit, sync, import, create or generate through the Service (“User Content”) remain solely and exclusively your property.
Nothing in these Terms shall be construed as granting Fuga any ownership rights, title, or interest in User Content.
You retain all intellectual property rights, including copyrights, design rights, database rights, and any ancillary rights associated with your content.
6.2 Your Sole Responsibility. You are solely responsible for the nature, quality, legality, integrity, accuracy, and appropriateness of all User Content. This includes, without limitation:
(a) images, graphics, fonts, texts, templates, files, and related materials; (b) assets imported from third-party libraries or repositories; (c) any data, metadata, or other information associated with your work; and (d) any output generated through the Service’s AI-powered features.
By uploading or generating User Content, you represent and warrant that you have all rights, licenses, permissions, and consents necessary to:
(a) use such content in connection with the Service; and (b) grant Fuga the license described in Section 6.3.
You are solely responsible for ensuring that your User Content complies with applicable Law, including privacy, copyright, licensing, and contractual obligations.
6.3 Limited License Granted to Fuga. You grant Fuga a limited, worldwide, non-exclusive, royalty-free license to host, store, process, transmit, reproduce, display, and otherwise use your User Content solely as necessary to operate, maintain, support, secure, and improve the Service. This license: (a) is strictly limited to providing the Service; (b) does not include any right to use User Content for marketing, analytics beyond operational performance or AI model training; (c) does not permit Fuga to modify or distribute User Content except as technically required to provide the Service; and (d) terminates upon deletion of User Content or closure of your account (subject to standard backup retention practices).
For clarity, Fuga will not use User Content (including prompts, designs, or AI outputs that are identifiable or attributable to the Customer) for AI model training or AI capability improvement without the Customer’s explicit Written Consent (by email).
6.4 Content Removal and Objectionable Materials. Fuga does not monitor User Content and is not responsible for any content that may be offensive, harmful, infringing, misleading, unlawful, or otherwise objectionable. You acknowledge that:
(a) Fuga does not endorse or validate User Content; (b) you may be exposed to harmful or inappropriate materials; and (c) you bear sole responsibility for any consequences of uploading, generating, or using such content.
Fuga may remove, disable or restrict access to User Content if it reasonably determines that such content: (a) violates these Terms or applicable Law; (b) presents a security, technical, legal, or reputational risk; (c) infringes intellectual property or licensing rights; or (d) interferes with or disrupts the Service.
Such actions may be taken without prior notice and without liability.
6.5 Fonts, Licensed Assets, and Third-Party Materials.
6.5(a) Responsibility for Licensed Fonts and Assets. You are solely responsible for ensuring that any fonts or licensed assets uploaded, embedded, or processed through the Service are fully licensed for your intended use, including cloud rendering, embedding, distribution, and export.
6.5(b) No Validation of Licensing by Fuga. Fuga does not verify, audit or confirm the licensing status of fonts or assets and assumes no responsibility for improper or unlicensed use.
6.5(c) Warranties and Indemnification. You represent and warrant that all fonts and licensed assets used through the Service: (a) are properly licensed under applicable EULAs;
(b) may be lawfully processed and distributed; and (c) do not infringe any third-party rights.
You agree to defend, indemnify, and hold harmless Fuga, its affiliates, and personnel from all claims, liabilities, penalties and costs arising from your use of fonts or other licensed assets.
6.5(d) Removal of Unlicensed Materials. Upon receiving a credible claim or notice alleging that fonts or other assets you uploaded are unlicensed or infringing, Fuga may remove or disable access to such materials, suspend your account, or take other reasonable measures, without liability.
6.6 Prohibited Conduct. You agree not to engage in or permit any activity that: (a) violates any Law or infringes any intellectual property, privacy, or contractual rights; (b) uploads or transmits malicious code, malware, viruses, or harmful scripts; (c) attempts to gain unauthorized access to the Service, systems, or accounts; (d) bypasses or interferes with security mechanisms, authentication controls, or usage limits; (e) uses bots, scraping tools, crawlers, or automated scripts; (f) disrupts or harms the performance, integrity, or availability of the Service; (g) misuses AI features to produce unlawful, harmful, deceptive, or inappropriate content; or (h) impersonates others or misrepresents your identity or affiliation.
Violation of this Section may result in immediate suspension or termination of access.
6.7 AI‑ Generated content. All outputs produced by the Service’s AI tools are considered User Content. You acknowledge and agree that: (a) AI outputs may be inaccurate, incomplete, biased, or non-unique; (b) such outputs may require human review, correction, or compliance verification; (c) you are solely responsible for ensuring the legality, accuracy, and suitability of AI outputs; (d) you assume all risks associated with reliance on such outputs; and (e) Fuga does not guarantee the originality, exclusivity, or legal compliance of AI-generated materials.
6.8 Backups and Data Retention. Fuga does not guarantee the preservation, recovery, or restoration of User Content. You are solely responsible for maintaining independent backups of your User Content. Fuga may retain encrypted backup copies for disaster recovery for a limited period, but such backups are not guaranteed to be complete or retrievable. Fuga does not guarantee that any backup will be available, complete, or restorable.
6.9 Responsible Use of AI / Prohibited AI Uses. You agree not to use the Service, including its AI capabilities, to: (a) generate content that is unlawful, defamatory, discriminatory, hateful, or harmful; (b) generate medical, legal, financial, or other regulated professional advice; (c) create or assist in creating deepfakes, synthetic impersonations, or deceptive content intended to mislead; (d) generate or manipulate content involving minors; (e) infringe copyright, moral rights, or other intellectual property rights; (f) bypass safety filters, model protections, or security features; (g) train or develop competing AI models using outputs from the Service. Violation of this section may result in immediate suspension or termination.
6.10 Support Diagnostics Upload (Written Consent Required). Where available, the Service or plugin may allow Users to submit diagnostic logs or similar technical information to Fuga for support, troubleshooting, security review, and product improvement. Any such submission that is initiated specifically for support purposes will be made only upon the Customer’s or User’s explicit Written Consent (by email), and only to the extent reasonably necessary for the requested support or agreed improvement activity.
All intellectual property rights in and to the Service — including software, design tools, AI features, templates, APIs, models, documentation, interfaces, trademarks and all related technologies — are and shall remain the exclusive property of Fuga or its licensors.
Nothing in these Terms grants you any ownership rights in the Service.
You may not: (a) copy, reproduce, modify, or create derivative works of the Service; (b) reverse engineer, decompile, or attempt to extract source code; (c) remove or alter branding, trademarks, notices, or legal legends; (d) use the Service in a manner that infringes or misappropriates Fuga’s intellectual property.
All rights not expressly granted herein are reserved by Fuga.
7A. Feedback, Usage Data, and Improvement Rights
7A.1 Feedback- If you provide Fuga with any suggestions, enhancement requests, recommendations, corrections, comments, or other feedback relating to the Service (“Feedback”), you hereby:
(a) grant Fuga a perpetual, irrevocable, worldwide, royalty-free, fully paid, transferable, and sublicensable license to use, incorporate, modify, commercialize, and exploit such Feedback in any manner;
(b) acknowledge that Fuga has no obligation to credit or compensate you; and
(c) waive any claim that the use of such Feedback infringes your rights.
All Feedback is deemed non-confidential.
7A.2 Usage Data and Aggregated Data- Fuga may collect and process technical data relating to your use of the Service, including performance data, diagnostic data, metadata, analytics, and usage patterns (“Usage Data”). Fuga may: (a) use Usage Data to operate, analyze, maintain, support, secure, and improve the Service; (b) de-identify or aggregate Usage Data; and (c) create statistical information, benchmarks, or insights (“Aggregated Data”).
Fuga shall own all rights, title, and interest in Usage Data and Aggregated Data, provided that such data does not identify you or your users.
7A.3 No Rights in User Content – For the avoidance of doubt, nothing in this Section 7A permits Fuga to access, use, or exploit User Content (as defined in Section 6) except as expressly allowed under Section 6.3. All rights granted to Fuga under this Section relate solely to Feedback, Usage Data, and Aggregated Data.
7A.4 Third-Party Materials- If you incorporate third-party components (including fonts, images, scripts, or plug-ins), you represent and warrant that: (a) you hold all required rights and licenses; (b) such components do not impose obligations on Fuga under third-party licenses; and (c) Fuga shall have no liability arising from such third-party materials.
7B. DMCA Safe Harbor (US Users Only)
If you are a United States user, Fuga complies with the Digital Millennium Copyright Act (“DMCA”). If you believe content available through the Service infringes your copyright, you may submit a DMCA notice to:
Fuga Technologies Ltd.
Attn: DMCA Agent
Email: [email protected]
Address: Rothschild Blvd 45, Tel Aviv, Israel
Your notice must include a statement that you have a good-faith belief that the disputed use of the material is not authorized by the copyright owner, its agent, or the law (required under 17 U.S.C. §512(c)(3)).
Upon receiving a valid notice, Fuga may remove or disable access to the allegedly infringing material. Fuga may also, in its discretion, terminate repeat infringers. Counter-notifications may be submitted as permitted under the DMCA.
7C. Export Controls and Sanctions Compliance
You agree that you will not, directly or indirectly, export, re-export, transfer, or use the Service: (a) in violation of any applicable export control or sanctions law, including the U.S. Export Administration Regulations (EAR), U.S. Department of Treasury OFAC sanctions, EU dual-use regulations, UK Export Controls, or Israeli export control laws; (b) in any restricted country or territory, including (as of the date of these Terms) Cuba, Iran, North Korea, Syria, Crimea, Donetsk, or Luhansk regions; (c) by or for the benefit of individuals or entities listed on any government sanctions or restricted parties list.
Fuga may suspend or terminate access to the Service to comply with export control, sanctions, or national security requirements.
Except where explicitly authorized by Fuga in a separate written agreement, you may not: (a) resell, sublicense, distribute, lease, or commercially exploit the Service, or otherwise make the Service available to any third party; (b) use the Service to provide services to third parties as part of a service bureau, outsourcing, creative agency, design farm, or managed service; (c) provide white-label, OEM, or branded/unbranded versions of the Service; (d) enable third parties to access the Service through your account; (e) aggregate or bundle the Service with other products for resale; (f) use automated means to generate or deliver outputs on behalf of commercial clients.
Any unauthorized resale or commercial exploitation constitutes a material breach and may result in immediate termination.
Each party (“Receiving Party”) agrees to safeguard the confidential information of the other party (“Disclosing Party”). “Confidential Information” includes business information, technical information, user data, pricing, roadmaps and any non-public materials. The Receiving Party shall: (a) use Confidential Information solely to perform obligations under these Terms; (b) restrict disclosure to those who need to know and who are bound by similar duties; (c) apply reasonable administrative, physical, and technical safeguards.
Confidentiality obligations do not apply to information that: (a) is or becomes public through no fault of the Receiving Party; (b) was independently developed; (c) was rightfully received from a third party without restriction; (d) must be disclosed pursuant to Law or court order.
Your use of the Service is subject to Fuga’s Privacy Policy. The policy governs how personal data is collected, used, stored, transferred and protected under applicable Law, including:
(a) GDPR and UK GDPR; (b) Swiss FADP; (c) CCPA/CPRA; (d) PIPEDA; (e) Israeli Privacy Protection Law.
Fuga may enter into a DPA where required.
THE SERVICE — INCLUDING ALL FEATURES, AI TOOLS, INTEGRATIONS AND BETA OR EXPERIMENTAL FUNCTIONALITY — IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITHOUT ANY WARRANTIES OF ANY KIND.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, FUGA DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING: (A) WARRANTIES OF MERCHANTABILITY; (B) FITNESS FOR A PARTICULAR PURPOSE; (C) NON-INFRINGEMENT; (D) ACCURACY, RELIABILITY, OR COMPLETENESS OF ANY OUTPUT; (E) UNINTERRUPTED, ERROR-FREE, OR SECURE OPERATION OF THE SERVICE; (F) COMPATIBILITY WITH SPECIFIC WORKFLOWS, SOFTWARE, HARDWARE, OR FILE FORMATS. (G) FUGA DOES NOT GUARANTEE THE ACCURACY, ORIGINALITY, LEGALITY, SUITABILITY, OR RELIABILITY OF ANY AI-GENERATED CONTENT. (H) FUGA DOES NOT GUARANTEE ANY MINIMUM UPTIME, AVAILABILITY, CONTINUITY OF SERVICE, OR STORAGE RETENTION, UNLESS EXPLICITLY PROVIDED IN A SEPARATE WRITTEN SERVICE LEVEL AGREEMENT (SLA). (I) FUGA DOES NOT PROVIDE LEGAL, MEDICAL, FINANCIAL, INVESTMENT, OR OTHER PROFESSIONAL ADVICE THROUGH THE SERVICE, AND AI-GENERATED CONTENT MAY NOT BE RELIED UPON FOR ANY SUCH PURPOSES. YOU ARE SOLELY RESPONSIBLE FOR VERIFYING THE ACCURACY AND SUITABILITY OF ANY OUTPUT.
NO INFORMATION, ADVICE, OR RECOMMENDATIONS PROVIDED BY FUGA (WHETHER ORAL OR WRITTEN) SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
11A. Security & Technical Measures Disclaimer
Fuga implements commercially reasonable administrative, technical, and organizational measures designed to protect the security and integrity of the Service.
However, you acknowledge that: (a) no method of electronic transmission, processing, or storage is completely secure; (b) Fuga does not guarantee absolute security; (c) you are responsible for maintaining the confidentiality of your credentials and securing your local systems.
11A.1 SOC 2 (In Progress)
Fuga is undergoing an SOC 2 Type II assessment. As of the Effective Date, the assessment has not been completed and no SOC 2 report is being provided under these Terms. Fuga currently expects to complete the SOC 2 Type II assessment by June 2026. The scope of the assessment is intended to include the InDesign plugin
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, FUGA SHALL NOT BE LIABLE FOR ANY: (A) INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE, OR CONSEQUENTIAL DAMAGES; (B) LOSS OF PROFITS, REVENUE, DATA, BUSINESS, OR GOODWILL; (C) BUSINESS INTERRUPTION OR COSTS OF SUBSTITUTE GOODS OR SERVICES; (D) DAMAGES ARISING FROM OR RELATED TO THE USE OF AI-GENERATED CONTENT, THIRD-PARTY MATERIALS, OR INTEGRATIONS. (E) FUGA SHALL NOT BE LIABLE FOR ANY LOSS OF BUSINESS OPPORTUNITIES, GOODWILL, REPUTATION, EXPECTED SAVINGS, OR ANY FORM OF COMMERCIAL OR ECONOMIC LOSS. (F) FUGA SHALL HAVE NO LIABILITY FOR ANY DAMAGES ARISING FROM OR RELATED TO THIRD-PARTY SERVICES, INTEGRATIONS, PLATFORMS, OR DEPENDENCIES, INCLUDING CLOUD PROVIDERS, FONT PROVIDERS, AI MODEL PROVIDERS, STORAGE PROVIDERS, OR ANY THIRD-PARTY API. (G) FUGA SHALL NOT BE RESPONSIBLE FOR ANY UNAVAILABILITY, DELAY, INTERRUPTION, OR FAILURE CAUSED BY INTERNET SERVICE PROVIDERS, HOSTING PLATFORMS, NETWORK PROVIDERS, TELECOMMUNICATIONS FAILURES, OR OTHER EXTERNAL TECHNICAL INFRASTRUCTURE.
FUGA’S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS SHALL NOT EXCEED:
(A) THE FEES PAID BY YOU TO FUGA DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY; OR
(B) USD $50 IF NO FEES WERE PAID.
THE ABOVE LIMITATIONS APPLY TO ALL THEORIES OF LIABILITY, WHETHER IN CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE, AND EVEN IF FUGA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
You agree to defend, indemnify, and hold harmless Fuga, its affiliates, officers, directors, employees, contractors, and agents from and against any and all claims, damages, losses, liabilities, penalties, costs, and expenses (including reasonable attorneys’ fees) arising out of or relating to: (a) your User Content, including fonts, images, data, or third-party assets you upload, import, sync, or otherwise use through the Service; (b) your use or misuse of the Service, including AI-generated content, exports, rendering, integrations, or shared files;
(c) your breach of these Terms, the Privacy Policy, applicable Data Protection Laws, or any other applicable Law; (d) your violation of intellectual property, privacy, moral rights, or contractual rights belonging to any third party; (e) any dispute between you and any end user, collaborator, client, or other party arising from your use of the Service. You additionally agree to indemnify Fuga against any claims arising from: (f) your misuse of AI features, including generation of unlawful, harmful, misleading, or infringing content; (g) your breach of export control or sanctions laws; (h) your use of unlicensed fonts, images, scripts, or third-party materials; (i) your misrepresentations regarding licensing, rights, or third-party permissions.
Fuga reserves the right (but is not obligated) to participate in the defense of any claim through counsel of its choosing. You may not settle any claim in a manner that imposes liability, obligations, or admissions on Fuga without Fuga’s prior written consent.
Fuga may suspend or terminate your access to the Service if:
(a) you breach these Terms; (b) any fees due remain unpaid after the applicable billing date;
(c) your conduct, content, or use of the Service presents security, technical, legal or reputational risks; or (d) such suspension or termination is required under applicable Law or by order of a competent authority.
Fuga may also terminate your access to the Service, in whole or in part, for convenience and without cause, by providing at least thirty (30) days’ prior written notice (email is sufficient). In such case, Fuga may issue a pro-rata refund of any prepaid fees for the unused portion of the applicable subscription term, unless the termination results from your breach of these Terms.
Upon termination:
(a) your access to the Service will cease immediately; (b) your User Content may be deleted after a limited retrieval window, subject to Fuga’s standard retention processes;
(c) all outstanding fees will remain payable; (d) provisions that by their nature survive termination shall remain in effect.
Neither party shall be liable for any delay or failure in performance resulting from events or circumstances beyond its reasonable control, including: (a) natural disasters or acts of God;
(b) war, terrorism or civil unrest; (c) labor disputes or strikes; (d) widespread internet or telecommunications failures; (e) cyberattacks or ransomware incidents; (f) government actions, regulations, or embargoes; (g) utility or power outages.
Performance shall be excused for the duration of the force majeure event and will resume as soon as reasonably practicable thereafter.
These Terms shall be governed exclusively by the laws of the State of Israel, without regard to conflict-of-law principles.
Exclusive jurisdiction for any dispute, claim, or proceeding arising out of or relating to these Terms shall lie with the competent courts located in Tel Aviv–Jaffa, Israel, except where mandatory consumer protection laws in your jurisdiction require otherwise.
17.1 Application of This Section- This Section 17 applies only to users located in the United States.For all other users, the governing law and jurisdiction provisions in Section 16 shall apply exclusively.
17.2 Mandatory Arbitration (US Users Only)- TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU AND FUGA AGREE THAT ANY DISPUTE, CLAIM, OR CONTROVERSY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICE SHALL BE RESOLVED SOLELY AND EXCLUSIVELY BY BINDING ARBITRATION, AND NOT IN COURT, EXCEPT AS PROVIDED BELOW.
The arbitration shall be conducted: (a) on an individual basis only; (b) administered by the American Arbitration Association (“AAA”); (c) under the AAA Consumer Arbitration Rules;
(d) before a single arbitrator; (e) in English; (f) by video conference or, if required, in the county of your residence.
The Federal Arbitration Act (“FAA”) governs the interpretation and enforcement of this Section.
17.3 Exceptions- Either party may bring an individual action: (a) in small-claims court, if eligible; (b) for injunctive or equitable relief relating to intellectual property rights; (c) to stop unauthorized access, misuse, or abuse of the Service.
These exceptions do not waive the obligation to arbitrate all other disputes.
17.4 Class Action Waiver (US Users Only)- TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU AND FUGA EACH WAIVE ANY RIGHT TO BRING OR PARTICIPATE IN ANY CLASS ACTION, CLASS ARBITRATION, PRIVATE ATTORNEY GENERAL ACTION, OR ANY OTHER REPRESENTATIVE PROCEEDING.
Disputes must be brought only in an individual capacity. This waiver is a core condition of these Terms.
17.5 Opt-Out Right (Required for Enforceability)- You may opt out of mandatory arbitration and the class action waiver by sending a written notice to [email protected] within 30 days of creating your account. Your opt-out notice must include: (a) your full name; (b) the email associated with your account; (c) a clear statement that you elect to opt out of arbitration. Opting out will not affect your use of the Service.
You may provide notices to Fuga by emailing: [email protected].
Fuga Technologies Ltd Attn: Legal Department Email: [email protected] Address: Rothschild Blvd 45, Tel Aviv, Israel
17.6 Severability (Arbitration Section Only)- If any part of this Section 17 is found unenforceable: (a) the invalid portion shall be severed; (b) the remainder of the section shall remain in full force; (c) if the class action waiver in Section 17.4 is found unenforceable, this entire Section 17 shall be null and void, and disputes will be resolved exclusively in the courts specified in Section 16.
18.1 Entire Agreement- These Terms constitute the entire agreement between you and Fuga relating to your use of the Service and supersede all prior and contemporaneous agreements, proposals, or representations, whether written or oral, relating to the same subject matter.
18.2 Assignment– (a) You may not assign, transfer, delegate, or sublicense any rights or obligations under these Terms without Fuga’s prior written consent. (b) Fuga may assign these Terms, in whole or in part, without restriction, including in connection with a merger, acquisition, internal reorganization, corporate restructuring, or sale of assets.
18.3 Severability– If any provision of these Terms is held to be invalid, illegal, or unenforceable: (a) that provision shall be enforced to the fullest extent permitted by Law;
(b) the remaining provisions shall remain valid and enforceable.
18.4 Waiver– Failure by Fuga to enforce any right or provision under these Terms shall not constitute a waiver of such right or provision. Any waiver must be in writing and signed by an authorized representative of Fuga.
18.5 Notices– Fuga may provide notices to you via: (a) email to the address you provided;
(b) in-product notifications or banners; or (c) any other reasonable communication method.
Notices are deemed delivered upon sending.
You may provide notices to Fuga by emailing: [email protected].
18.6 No Agency- Nothing in these Terms shall be interpreted as creating a partnership, joint venture, employment, franchise, or agency relationship between you and Fuga. Each party acts as an independent entity.
If you have questions, concerns, or requests regarding these Terms or the Service, you may contact us at:
Fuga Technologies Ltd
Attn: Legal Department
Email: [email protected].
Address: Rothschild Blvd 45, Tel Aviv, Israel
By using the Service, you confirm that you have read, understood, and agree to these Terms.
