Terms of Service

These Terms of Service (the “Terms”) constitute a legally binding agreement between you and Fload Technologies Limited, a TSL company incorporated in Abu Dhabi Global Market (“ADGM”), United Arab Emirates (“Fload,” “Company,” “we,” “our,” or “us”), governing your access to and use of:

• our websites (including www.fload.com and any subdomains) (the “Site”),
• our web and mobile applications (if any) (the “Apps”),
• our analytics, automation and AI-powered features and interfaces,
• our browser-based connectors and “AI Analyst” access methods, and
• all related products, tools, content and services (collectively, the “Services”).

If you accept these Terms on behalf of a company or other legal entity, you represent and warrant that:

• You have full legal authority to bind that entity to these Terms.
• You have read and understood these Terms.
• You agree to these Terms on behalf of that entity.

In such case, “you” and “your” refer to that entity.

1. Other Applicable Terms – Privacy & DPA

Any personal data we collect or process about you is governed by our Privacy Policy, which is incorporated into these Terms by reference.

If you and Fload enter into a Data Processing Addendum (“DPA”), then, to the extent Fload processes any “Customer Personal Data” (or similar term defined in the DPA) on your behalf, the DPA is also incorporated by reference and will govern that processing. In the event of a conflict between these Terms and the DPA regarding the processing of Customer Personal Data, the DPA will prevail.

A DPA is available upon request by contacting dpo@fload.com or support@fload.com.

2. Our Services

Fload provides an AI-driven analytics and automation platform that allows you to:

• connect data sources such as App Store Connect, Google Play Console, Stripe, Apple Search Ads, Meta Ads, Google Ads, RevenueCat, Firebase, and similar services;
• aggregate, analyze and visualize app, revenue, marketing and usage data;
• interact via chat, dashboards, notifications and other interfaces to get insights, explanations and recommendations powered by artificial intelligence (“AI Features”); and
• optionally send reports, alerts and insights to outbound channels such as email, Slack, Microsoft Teams, Discord or similar tools.

The Services may also include (now or in future):

• SDKs for apps, enabling direct event collection and/or in-app experiments or automations; and
• agentic features that can take actions in your connected tools or apps when you specifically enable them.

The scope and features available to you depend on your subscription plan and configuration.

We reserve the right to modify or discontinue any aspect of the Services at any time, with or without notice, provided that we will use reasonable efforts not to materially degrade core functionality during any pre-paid subscription term.

3. Eligibility, Account Registration and Security

3.1 Eligibility

The Services are intended for business and professional use (including independent developers acting in a professional capacity). By using the Services, you represent and warrant that:

• you are at least 18 years old (or the age of majority in your jurisdiction, if higher), and
• you are using the Services in a business or professional context and not primarily as a consumer for personal, family or household purposes.

3.2 Account Registration

To use the Services, you must create an account (an “Account”). You agree to:

• provide accurate, current and complete information;
• keep your Account information up to date; and
• not impersonate any person or entity or misrepresent your affiliation.

3.3 Organizations and Roles

Fload is organized around organizations (each, an “Organization”):

• The first user to create an Account for a given Organization will typically be designated as the Account Owner or “Owner.”
• The Owner may invite additional users, assign roles (e.g. admin, member), and manage access and billing.
• The Owner may transfer ownership to another user within the Organization, subject to Fload's internal procedures.

You are responsible for:

• ensuring all users you invite are authorized to access your Organization;
• managing and revoking access when team members leave; and
• all activities undertaken under your Organization, regardless of which individual user performed them.

3.4 Security

You are responsible for maintaining the security and confidentiality of your login credentials. You agree to:

• not share your credentials with others;
• notify us promptly at support@fload.com if you suspect any unauthorized access; and
• accept responsibility for all actions under your Account until you notify us of a security incident.

We are not liable for any loss or damage arising from your failure to safeguard your Account credentials.

4. Billing, Payment and Taxes

4.1 Subscription Plans

Access to the Services is provided on a subscription basis. Pricing is generally based on:

• the number of apps (or equivalent “seats”) you connect to Fload; and
• the billing frequency (e.g. monthly or annual).

Specific pricing and plan details are described on our Site or in the order/sales process.

4.2 Payment Processing

We use third-party payment processors such as Stripe (“PSP”) to handle payments. By subscribing, you may be required to:

• agree to the PSP's terms of service and privacy policy;
• provide valid and up-to-date payment information; and
• authorize us and/or the PSP to charge your payment method for subscription fees, taxes, and other charges.

Fload is not a party to your agreement with the PSP and is not responsible for any errors or issues in payment processing beyond Fload's reasonable control.

4.3 Fees and Taxes

Unless otherwise stated, all prices are exclusive of any taxes, levies, duties or similar governmental assessments (“Taxes”).

• You are responsible for all Taxes associated with your subscription, other than Taxes based on Fload's net income.
• Taxes are calculated based on the billing address you provide.

4.4 Renewal and Changes

Your subscription will automatically renew at the end of each billing cycle unless canceled in accordance with these Terms.

• If you add more apps (seats) during a billing period, we may charge you prorated fees for the remainder of that period.
• If you remove apps (seats), reductions may take effect at the next renewal, unless otherwise stated.

We may update prices and plan features from time to time. When we do:

• we will give you reasonable advance notice (e.g., via email or in-app) before the new fees apply; and
• the new fees will apply from the next renewal date. If you do not agree, you may cancel before the renewal.

4.5 Free Trials

We may offer free trials of the Services. Trial length and conditions may vary. Unless otherwise stated:

• at the end of the trial, your subscription will automatically convert to a paid subscription;
• you must cancel before the trial ends to avoid being charged.

4.6 Non-Payment and Suspension

If we are unable to collect fees for your subscription (e.g., due to card expiration, insufficient funds, or failed charges):

• we may suspend or limit your access to the Services; and
• if payment is not made within a reasonable period, we may terminate your subscription and/or delete your data, subject to our data retention policies.

5. Data Sources, Connectors and “AI Analyst” Access

5.1 Third-Party Accounts and Connectors

The Services allow you to connect various third-party accounts, including but not limited to: App Store Connect, Google Play Console, Stripe, Apple Search Ads, Meta Ads, Google Ads, RevenueCat, Firebase, Slack, Microsoft Teams, Discord.

By connecting a third-party account, you:

• Authorize Fload to access, retrieve, store, process, and use data from that account to provide the Services.
• Confirm that such access and use comply with the terms governing your third-party account.

You remain solely responsible for your relationships with these third-party providers.

5.2 “AI Analyst” Access and Browser Automation

For some integrations (e.g., where APIs are limited), you may:

• invite a Fload-controlled user (e.g. an “AI Analyst” email address) into your third-party account, and/or
• authorize Fload to access data through browser automation, internal APIs or similar mechanisms.

By doing so, you explicitly authorize Fload to:

• log into those accounts on your behalf;
• access and retrieve relevant data; and
• perform limited actions you enable (now or in future), such as creating or modifying experiments, paywalls, campaigns or settings.

We will use such access only to provide, support, or improve the Services and will not sell or misuse such data.

5.3 Responsibility for Third-Party Terms

You are solely responsible for:

• complying with the terms and policies of third-party platforms you connect;
• ensuring your use of Fload does not cause you or us to violate those terms; and
• resolving any disputes with third-party providers.

Fload has no control over third-party services and is not liable for their acts or omissions.

6. Customer Data and AI Features

6.1 Definitions

• Customer Data means data, content, and information you or your users submit or connect to the Services, including data retrieved from your third-party accounts and data collected via any Fload SDKs.
• AI Features means services that use artificial intelligence and large language models (LLMs) to process Input and generate Output.
• Input means any content, data, prompts, instructions, or other material you (or your users) provide to AI Features.
• Output means any content, responses, insights, analysis, code, reports, or other material generated by AI Features.

Customer Data includes Input and, to the extent related to your use of the Services, Output.

6.2 Ownership of Customer Data, Input and Output

Between you and Fload:

• you retain all right, title and interest in and to your Customer Data, including Input and Output; and
• Fload retains all right, title and interest in and to the Services and underlying technology.

You acknowledge that due to the nature of machine learning:

• AI Features may generate similar or identical Output for Fload or other users (“Other Results”); and
• you do not have any rights in Other Results generated for others.

6.3 License to Provide the Services

You grant Fload a non-exclusive, worldwide, royalty-free license to host, copy, transmit, display, and otherwise process Customer Data as reasonably necessary to:

• provide, maintain and improve the Services;
• prevent or address technical or security issues;
• comply with a valid legal request or obligation; and
• enforce these Terms.

You also authorize Fload to disclose Customer Data to subprocessors (including AI providers) solely to provide and support the Services, subject to appropriate contractual safeguards.

6.4 AI Providers and Data Minimization

Fload uses third-party AI/LLM providers (e.g. OpenAI, Anthropic) to implement AI Features. When you use AI Features, Fload may send portions of your Input and limited contextual data to such providers.

Fload will:

• send only the minimum data reasonably necessary to generate useful Output;
• configure AI providers, where possible, so that they do not use your data to train their general models; and
• require AI providers by contract not to use your Input for model training beyond what is necessary to provide the Services.

However, you acknowledge that:

• AI providers process your data under their own terms and privacy policies, which you should review; and
• Fload relies on the representations and features provided by those AI providers.

6.5 No Model Training on Identifiable Customer Data

Fload does not use your identifiable Customer Data, including Customer end-user data, to train its own general-purpose models or third-party models.

Fload may use aggregated and/or anonymized data derived from your use of the Services to improve the Services and develop new features, provided such data no longer identifies you or your end users.

6.6 Accuracy and Use of AI Output

You understand and agree that:

• Output may be inaccurate, incomplete, misleading, or inconsistent;
• Output may not be unique and may be similar or identical to content generated for others;
• Output may change over time due to model updates or different prompts.

You are solely responsible for:

• evaluating the accuracy and appropriateness of Output for your purposes;
• independently validating important insights or recommendations; and
• any decisions, actions or failures to act based on Output.

Output is not intended as legal, medical, tax, accounting, or investment advice.

7. User Generated Content and Customer End-User Data

7.1 User Generated Content

“User Generated Content” includes any content, data, text, images, or other materials that you or your users upload, submit, or otherwise make available via the Services (including through AI Features, chat, or integrated workspaces).

You are solely responsible for User Generated Content. You represent and warrant that:

• you have all necessary rights and permissions to submit it;
• it does not infringe or violate any third-party rights or laws; and
• it is accurate and lawful in the form submitted.

7.2 Customer End-User Data

Customer Data may include information about your own end users (e.g., app users, subscribers, customers). As between you and Fload:

• you act as the controller (or equivalent under applicable law) of Customer End-User Data; and
• Fload acts as your processor (or equivalent) when processing that data on your behalf.

You are responsible for:

• providing appropriate privacy notices to your end users;
• obtaining any required consents; and
• ensuring your use of the Services and processing of Customer End-User Data comply with applicable law.

Fload has no direct relationship with your end users and processes their data only as instructed by you (subject to these Terms, the Privacy Policy, and any DPA).

7.3 Reviews and Public Information

Fload may process publicly available content such as app store reviews, including usernames and review text, for analysis and insights. Such content remains subject to the terms of the underlying platform (e.g. App Store, Google Play).

8. Acceptable Use and Prohibited Activities

You agree that you will not:

• Use the Services for any unlawful purpose or in violation of any applicable laws or regulations.
• Use the Services to infringe or misappropriate any intellectual property, privacy, or other rights of any third party.
• Upload, transmit, or distribute any viruses, malware, or harmful code.
• Attempt to gain unauthorized access to the Services, other accounts, or Fload's systems.
• Interfere with or disrupt the integrity or performance of the Services.
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of any part of the Services, except to the extent such restriction is prohibited by law.
• Use the Services to build a competing product or for competitive analysis not permitted in writing by Fload.
• Misrepresent your identity or affiliation, including falsely implying that you are employed by or acting on behalf of Fload.
• Use automated tools (e.g. bots, scrapers) to access the Services in a manner that burdens or interferes with Fload's infrastructure, except as permitted by Fload's APIs or documentation.
• Use AI Features or Output to develop foundation models or LLMs that compete with Fload or its AI providers.
• Use AI Features in violation of applicable AI provider terms (e.g. OpenAI's policies, Anthropic's policies).
• Use the Services to send spam, harassing messages, or any content that is defamatory, obscene, hateful, or otherwise objectionable.
• Provide access to the Services to any sanctioned persons or entities or use the Services in violation of export control or sanctions laws.

Fload reserves the right to investigate and/or terminate or suspend access to the Services for any violations of this section.

9. Mobile Apps and Updates (If Applicable)

If Fload provides mobile Apps:

• By installing or using an App, you consent to the installation and any automatic updates or upgrades.
• The App may cause your device to communicate with Fload's servers to provide functionality, record usage metrics, and apply security updates.
• You may uninstall the App at any time, though doing so may limit access to some features.

Use of an App is subject to these Terms and any additional terms presented in the relevant app store.

10. Term, Suspension and Termination

10.1 Term

These Terms remain in effect from the date you first accept them until terminated in accordance with this section.

10.2 Suspension

We may temporarily suspend or limit your access to the Services if:

• you fail to pay fees when due;
• we detect suspicious activity or a potential security issue;
• we reasonably believe you violated these Terms or applicable law; or
• we need to perform emergency maintenance.

We will use reasonable efforts to notify you of the suspension and the reasons where lawful and technically feasible.

10.3 Termination by You

You may terminate your subscription and/or delete your Account at any time through the Services (if available) or by contacting support@fload.com. Unless otherwise agreed:

• termination will be effective at the end of your current billing period; and
• fees paid are non-refundable, except where required by law.

10.4 Termination by Fload

We may terminate these Terms and/or your access to the Services:

• upon written notice if you materially breach these Terms and fail to cure within a reasonable period after notice;
• immediately if your breach cannot reasonably be cured, or if continued access would create legal or security risks; or
• if we discontinue the Services entirely.

10.5 Effect of Termination; Data Deletion

Upon termination:

• your right to access and use the Services stops;
• we may delete or anonymize Customer Data from active systems within 30 days, subject to our backups, legal obligations, and data retention policies; and
• we may retain anonymized or aggregated data for analytics and product improvement.

We are not responsible for any loss of data following termination. You are responsible for exporting any Customer Data you wish to keep prior to termination, where export tools are provided.

11. Links to Third-Party Sites and Services

The Services may contain links or integrations to third-party websites, platforms, or services (“Third-Party Services”). Fload does not control, endorse, or assume responsibility for Third-Party Services.

• Your use of Third-Party Services is governed solely by their terms and policies.
• Fload is not responsible for the content, accuracy, or practices of Third-Party Services.
• You access Third-Party Services at your own risk.

12. Intellectual Property

12.1 Fload's IP

All content and materials in the Services (excluding your Customer Data), including software, interfaces, designs, text, graphics, logos, icons, images, and underlying technology (“Fload Content”), and all associated intellectual property rights, are owned by Fload or its licensors.

Except as expressly permitted by these Terms, you may not:

• copy, modify, distribute, sell, lease, or create derivative works of any Fload Content;
• remove or alter any proprietary notices; or
• use any Fload trademarks, logos or branding without our prior written consent.

12.2 Feedback

If you provide feedback or suggestions about the Services (“Feedback”), you acknowledge that:

• Fload may freely use, disclose, reproduce, license, and otherwise exploit such Feedback without any obligation or compensation to you; and
• Fload has no obligation to implement any Feedback.

12.3 Marketing Use – Logos and App Names

You grant Fload the right to use:

• your organization's name, logo, and
• the names and icons of any apps connected to Fload

to identify you as a customer on our Site, in marketing materials, pitch decks, and similar contexts.

You may revoke this permission at any time by emailing support@fload.com. Fload will remove such references within 14 days of receiving your request.

13. Copyright Complaints

If you believe that content on the Services infringes your copyright or other intellectual property rights, you may notify us at support@fload.com with:

• a description of the infringing material and its location;
• a description of the copyrighted work you believe has been infringed;
• your contact details;
• a statement that you have a good faith belief that the use is not authorized; and
• a statement that the information you provide is accurate and that you are the rights holder or authorized to act on their behalf.

We may remove or disable access to allegedly infringing material and may terminate Accounts of repeat infringers in appropriate circumstances.

14. Confidentiality

14.1 Fload's Confidential Information

In connection with the Services, you may receive non-public information about Fload, including technical, financial, business or product information (“Fload Confidential Information”). You agree to:

• use Fload Confidential Information only as necessary to use the Services as permitted;
• not disclose Fload Confidential Information to third parties without our prior written consent; and
• protect it with reasonable care.

14.2 Your Confidential Information

Fload will treat your non-public Customer Data as confidential and will:

• use it only as permitted by these Terms, the Privacy Policy, and any applicable DPA;
• restrict access to personnel and subprocessors who need it and are bound by confidentiality obligations; and
• employ appropriate technical and organizational security measures.

Confidentiality obligations do not apply to information that is or becomes public through no fault of the receiving party, is lawfully received from a third party, is independently developed, or must be disclosed by law or court order (with notice where legally permitted).

15. Disclaimer of Warranties

THE SERVICES (INCLUDING AI FEATURES AND ALL OUTPUT) ARE PROVIDED “AS IS” AND “AS AVAILABLE,” WITH ALL FAULTS AND WITHOUT WARRANTIES OF ANY KIND.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, FLOAD AND ITS AFFILIATES AND LICENSORS DISCLAIM ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, ACCURACY, RELIABILITY, AVAILABILITY, OR THAT THE SERVICES WILL BE SECURE OR ERROR-FREE.

YOU UNDERSTAND AND AGREE THAT: ANY USE OF AI FEATURES AND OUTPUT IS AT YOUR SOLE RISK; YOU SHOULD NOT RELY ON OUTPUT WITHOUT INDEPENDENT VERIFICATION; AND FLOAD IS NOT RESPONSIBLE FOR DECISIONS OR ACTIONS YOU TAKE BASED ON OUTPUT OR ANALYSIS PROVIDED BY THE SERVICES.

16. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

• FLOAD AND ITS AFFILIATES, OFFICERS, EMPLOYEES, CONTRACTORS, AND LICENSORS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES, WHETHER BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
• FLOAD'S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS OR THE SERVICES SHALL NOT EXCEED THE GREATER OF: THE AMOUNTS YOU PAID TO FLOAD FOR THE SERVICES IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; OR USD $100.

Some jurisdictions do not allow certain limitations or exclusions of liability. Where prohibited, such limitations shall not apply, but only to the extent of such prohibition.

17. Indemnification

You agree to indemnify, defend, and hold harmless Fload and its affiliates, officers, directors, employees, and agents from and against any claims, damages, losses, liabilities, costs, and expenses (including reasonable legal fees) arising out of or related to:

• your use or misuse of the Services;
• your violation of these Terms;
• your violation of any applicable law or third-party rights;
• your Customer Data or User Generated Content; or
• any actions taken in your connected third-party accounts by Fload at your direction or under your configuration.

We may, at our own expense, assume the exclusive defense and control of any matter subject to indemnification by you, and you agree to cooperate with our defense.

18. Dispute Resolution

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS.

18.1 Informal Resolution

If you have any dispute, claim, or controversy with Fload arising out of or relating to these Terms or the Services (a “Dispute”), you agree to first contact us at support@fload.com and attempt to resolve the Dispute informally.

If a Dispute is not resolved within thirty (30) days after initial notice, either party may initiate arbitration as described below.

18.2 Binding Arbitration in ADGM

Except as set forth in Section 18.4 (Injunctive Relief) or where prohibited by law, any Dispute shall be finally resolved by binding arbitration:

• seated in the Abu Dhabi Global Market (ADGM), Abu Dhabi, UAE;
• administered by the ADGM Arbitration Centre;
• conducted in accordance with the ADGM Arbitration Regulations 2015 (as amended);
• before one (1) arbitrator appointed under those rules; and
• conducted in the English language.

The arbitrator's decision will be final and binding, and judgment on the award may be entered in any court of competent jurisdiction.

18.3 Class Action Waiver

To the maximum extent permitted by law:

• all Disputes must be brought in the parties' individual capacities, and not as a plaintiff or class member in any purported class, collective, representative, or mass action; and
• the arbitrator may not consolidate multiple parties' claims or preside over any form of class or representative proceeding.

If the class action waiver is found to be unenforceable with respect to a particular claim, then that claim must be resolved in court and not in arbitration.

18.4 Injunctive Relief

Nothing in this Section 18 prevents either party from seeking temporary or preliminary injunctive relief or other equitable relief:

• in the ADGM Courts, or
• in any other court of competent jurisdiction,

to protect its intellectual property rights, Confidential Information, or to prevent unauthorized access to or use of the Services.

19. Governing Law

These Terms and any Dispute shall be governed by and construed in accordance with the laws of the Abu Dhabi Global Market (ADGM), without regard to its conflict-of-law principles.

Subject to the arbitration clause above, the ADGM Courts shall have non-exclusive jurisdiction over any disputes not subject to arbitration.

20. No Agency; Independent Parties

Nothing in these Terms is intended to or shall be deemed to:

• create any partnership, joint venture, agency, fiduciary, or employment relationship between you and Fload; or
• authorize either party to make representations or incur obligations on behalf of the other.

Each party operates as an independent contractor.

21. Assignment

You may not assign, transfer, or delegate these Terms or any rights or obligations under them without Fload's prior written consent. Any attempted assignment without such consent is void.

Fload may assign or transfer these Terms, in whole or in part, without your consent:

• to an affiliate;
• in connection with a merger, acquisition, reorganization, or sale of assets; or
• by operation of law.

These Terms will bind and inure to the benefit of Fload's successors and permitted assigns.

22. Changes to These Terms and the Services

We may update these Terms from time to time. When we do:

• we will update the “Last Updated” date at the top; and
• for material changes, we will provide notice (e.g., by email or in-product notification).

Your continued use of the Services after updated Terms become effective constitutes your acceptance of the updated Terms. If you do not agree, you must stop using the Services.

We may also modify, suspend, or discontinue all or part of the Services at any time. Where feasible, we will provide notice if such change materially adversely affects core functionality during a pre-paid subscription term.

23. Notices and Electronic Communications

You consent to receive all notices and other communications in electronic form, including via email or in-app messages.

You are responsible for keeping your email address and contact information up to date in your Account settings.

All notices to Fload under these Terms should be sent to:

• support@fload.com (general)
• dpo@fload.com (privacy/data protection)

and/or to any physical address listed on our Site.

24. Entire Agreement; Severability; No Third-Party Beneficiaries

These Terms, together with the Privacy Policy, any applicable DPA, and any order forms or specific plan descriptions, constitute the entire agreement between you and Fload regarding the Services and supersede all prior or contemporaneous agreements, proposals, and communications.

If any provision of these Terms is held to be invalid or unenforceable, the remaining provisions will remain in full force and effect, and the invalid provision will be deemed modified to the minimum extent necessary to make it valid and enforceable.

No person or entity other than you and Fload has any rights as a third-party beneficiary of these Terms.