Terms of Service

1. Agreement to Terms

By accessing or using FM Dojo's AI assistant services ("Service"), you agree to be bound by these Terms of Service ("Terms"). If you disagree with any part of these terms, you may not access the Service.

These Terms apply to all visitors, users, and others who access or use the Service. The Service is operated by FM Dojo ("we", "us", or "our").

2. Service Description

FM Dojo provides an AI-powered FileMaker assistant service. Our services include:

• AI chat assistance for FileMaker development questions
• Token-based usage system
• Technical support during business hours
• Access to FileMaker-specific knowledge and guidance

3. Account Registration and Security

You must provide accurate, complete, and current information during registration. You are responsible for:

• Maintaining the security of your account credentials
• All activities that occur under your account
• Notifying us immediately of any unauthorized access
• Using the service in compliance with all applicable laws

We reserve the right to refuse service, terminate accounts, or remove content at our sole discretion.

4. Billing and Payment

Subscription Plans: FM Dojo offers monthly subscription plans at various tiers. Each plan includes a monthly token allocation that can be used for AI assistance.

Subscription Fees: All fees are billed in advance on a monthly recurring basis and are non-refundable. Prices are subject to change with 30 days' notice to existing subscribers.

Token System: Your subscription includes a monthly token allocation based on your plan. Unused tokens roll over month-to-month and never expire as long as your subscription remains active. Tokens are consumed when you use the AI assistant based on the length and complexity of conversations.

Payment Processing: Payments are processed securely through our third-party payment processor. By providing payment information, you authorize us to charge your payment method for all subscription fees on a recurring monthly basis.

Failed Payments: If a payment fails, our payment processor will automatically retry the charge. If payment continues to fail, your subscription may be suspended or cancelled, and you will lose access to the service and any accumulated tokens.

Plan Changes: You may upgrade or downgrade your subscription plan at any time. Upgrades take effect immediately with prorated billing. Downgrades take effect at the start of your next billing period.

5. Cancellation and Refunds

You may cancel your subscription at any time through your account settings or by contacting support. Cancellation will take effect at the end of your current billing period.

No Refunds: We do not provide refunds for partial months of service, unused tokens, unused time, or any other reason. All sales are final.

Access After Cancellation: You will retain access to the service and your accumulated tokens until the end of your current billing period. After that, any remaining tokens will be forfeited and cannot be transferred or refunded.

6. Acceptable Use Policy

You agree not to use the Service to:

• Violate any laws or regulations
• Infringe on intellectual property rights
• Transmit malware, viruses, or harmful code
• Engage in unauthorized access or security breaches
• Send spam or unsolicited communications
• Share your account credentials with others
• Attempt to reverse engineer or extract the AI model
• Use the service for any illegal, offensive, or harmful purposes
• Resell or redistribute our services without permission

7. AI-Generated Content and Accuracy

No Guarantee of Accuracy: FM Dojo uses AI technology to provide assistance. While we strive for accuracy, the AI can make mistakes. You are solely responsible for verifying any information, code, or guidance provided by the service before implementing it in production environments.

Not Professional Advice: The Service does not provide professional consulting, legal, or financial advice. Any information provided is for educational and informational purposes only.

Your Responsibility: You acknowledge that you are responsible for testing and validating any code, scripts, or solutions suggested by FM Dojo before deploying them in your FileMaker solutions.

8. Intellectual Property

The Service, including its original content, features, and functionality, is owned by FM Dojo and is protected by international copyright, trademark, and other intellectual property laws.

Your Content: You retain all rights to any code, questions, or content you submit to the Service. By using the Service, you grant us a limited license to process your inputs to provide the Service.

Our trademarks and trade dress may not be used without our prior written permission.

9. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT SHALL FM DOJO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, OR OTHER INTANGIBLE LOSSES ARISING FROM YOUR USE OF THE SERVICE.

Our total liability shall not exceed the amount you paid us in the twelve (12) months preceding the claim.

10. Disclaimer of Warranties

THE SERVICE IS PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT.

11. Indemnification

You agree to indemnify and hold harmless FM Dojo from any claims, damages, losses, liabilities, and expenses (including legal fees) arising from your use of the Service, violation of these Terms, or infringement of any third-party rights.

12. Termination

We may terminate or suspend your account immediately, without prior notice, for any reason, including breach of these Terms.

Upon termination, your right to use the Service will immediately cease. Any accumulated tokens will be forfeited.

13. Changes to Terms

We reserve the right to modify these Terms at any time. We will notify you of any changes by posting the new Terms on this page and updating the "Last Updated" date.

Your continued use of the Service after changes constitutes acceptance of the new Terms.

14. Governing Law

These Terms shall be governed by and construed in accordance with the laws of the State of California, United States, without regard to its conflict of law provisions. You agree to submit to the personal jurisdiction of the state and federal courts located in California for any disputes.

15. Dispute Resolution

Informal Resolution: Before filing any formal dispute, you agree to first contact us at hello@fmdojo.com and attempt to resolve the dispute informally for at least 30 days.

Binding Arbitration: If informal resolution fails, any dispute, claim, or controversy arising out of or relating to these Terms or the Service shall be resolved by mediation first, and if that fails, then binding arbitration administered by JAMS under its Streamlined Arbitration Rules. The arbitration shall be conducted in California, USA, in English, and the arbitrator's decision shall be final and binding.

Class Action Waiver: YOU AGREE THAT ANY DISPUTE RESOLUTION PROCEEDINGS WILL BE CONDUCTED ONLY ON AN INDIVIDUAL BASIS AND NOT IN A CLASS, CONSOLIDATED, OR REPRESENTATIVE ACTION. You waive any right to participate in a class action lawsuit or class-wide arbitration against FM Dojo.

Exceptions: Either party may seek injunctive relief in any court of competent jurisdiction for intellectual property infringement or unauthorized access to the Service.

16. Force Majeure

FM Dojo shall not be liable for any failure or delay in performing our obligations where such failure or delay results from causes beyond our reasonable control, including but not limited to: acts of God, natural disasters, war, terrorism, riots, embargoes, acts of civil or military authorities, fire, floods, earthquakes, pandemics, epidemics, accidents, strikes, shortages of transportation, facilities, fuel, energy, labor, or materials, failure of telecommunications or internet infrastructure, cyberattacks, power outages, or actions of third-party service providers (including AI model providers).

17. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable by a court of competent jurisdiction, such provision shall be modified to the minimum extent necessary to make it valid and enforceable, or if modification is not possible, shall be severed from these Terms. The remaining provisions shall continue in full force and effect.

18. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and FM Dojo regarding the Service and supersede all prior agreements, understandings, representations, and warranties, both written and oral, regarding the Service.

19. No Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. Any waiver of any provision of these Terms will be effective only if in writing and signed by FM Dojo.

20. Assignment

You may not assign or transfer these Terms or your rights hereunder without our prior written consent. We may assign these Terms without restriction. Any attempted assignment in violation of this section shall be null and void.

21. Contact Information

If you have any questions about these Terms, please contact us:

• Email: hello@fmdojo.com

By using FM Dojo's services, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.