Version 1.0 — Self-Serve AI Agent Platform
Effective Date: ___________________, 2026
These Terms of Service (“Terms”) govern your access to and use of the self-serve AI agent platform (“Platform”) operated by Future Obvious, LLC, a Georgia limited liability company doing business as Force Multiplier AI (“FxM,” “Provider,” “we,” or “us”). By checking the acceptance box and completing your subscription, you (“Customer,” “you,” or “your”) affirmatively agree to be bound by these Terms. If you are accepting on behalf of a company or other legal entity, you represent that you have the authority to bind that entity.
PLEASE READ THESE TERMS CAREFULLY. THEY INCLUDE A BINDING ARBITRATION PROVISION (SECTION 13.2) AND A CLASS ACTION WAIVER (SECTION 13.12) THAT AFFECT YOUR LEGAL RIGHTS.
If you do not agree to these Terms, do not use the Platform.
1.1 “Agent” means the AI-powered agent provisioned for you on the Platform, operating on a dedicated managed virtual private server (“VPS”).
1.2 “Agent Configuration” means any instructions, prompts, skills, integrations, workflows, or other programming you apply to your Agent, whether through the Platform interface or through connected systems.
1.3 “Customer Data” means any data, documents, files, communications, or other content that you provide to, generate through, or store within your Agent or the Platform, including data accessed through integrations you configure.
1.4 “Platform Metadata” means system-level operational data generated by the Platform infrastructure, including but not limited to: response latency, token consumption volumes, error rates, uptime metrics, capacity utilization, session counts, and feature usage patterns. Platform Metadata does not include Customer Data or the substance of any communication between you and your Agent.
1.5 “Support Unit” means a thirty (30) minute increment of hands-on human assistance from Provider, as further described in Section 5.
1.6 “Plan” means the subscription tier selected by you (Starter, Pro, or Ultra), as described in Section 3.
2.1 What We Provide. FxM provides a managed infrastructure platform that provisions a dedicated AI agent on a managed VPS. We provide the server environment, automated provisioning, backup and checkpoint restore capabilities, transaction audit logging, and chat-based access via Matrix integration. We manage the infrastructure; you manage the Agent.
2.2 What You Control. You are solely responsible for your Agent Configuration, including what your Agent does, what systems it connects to, what data it accesses, and how it operates. You determine the Agent’s purpose, behavior, and scope. FxM does not review, approve, or monitor your Agent Configuration except as necessary for Platform security or as part of purchased Support Units.
2.3 Account Creation. You must provide accurate and complete information when creating your account. You are responsible for maintaining the security of your account credentials and for all activity that occurs under your account.
3.1 Plan Selection. The Platform is offered in three tiers — Starter, Pro, and Ultra — each with defined token budgets, included Support Units, and pricing as published on the Platform at the time of your subscription. The specific features, token allocations, and pricing for each Plan are incorporated into these Terms by reference as published at selfserve.getfxm.ai.
3.2 Billing. All fees are billed monthly in advance via Stripe. Your subscription begins upon successful payment processing and Agent provisioning. By subscribing, you authorize FxM to charge your designated payment method on a recurring monthly basis.
3.3 Auto-Renewal and Cancellation. YOUR SUBSCRIPTION AUTOMATICALLY RENEWS EACH MONTH. Unless you cancel, your subscription will automatically renew at the end of each billing period at the then-current rate for your Plan, and your payment method will be charged accordingly. You may cancel at any time through the Platform using the cancellation link in your account settings, or by emailing cancel@m.getfxm.ai. Cancellation takes effect at the end of the current billing period; you retain access through the remainder of the period you have already paid for. No pro-rata refunds are issued for partial billing periods. FxM will send a confirmation email upon cancellation.
3.4 Failed Payments. If a payment fails, we will attempt to process the charge again in accordance with Stripe’s retry schedule. If payment remains unsuccessful after all retry attempts, your account may be suspended in accordance with Section 10.2.
3.5 Plan Changes. You may upgrade your Plan at any time; upgrades take effect immediately and are billed on a pro-rata basis for the remainder of the current billing period. Downgrades take effect at the beginning of the next billing period.
3.6 Price Changes. We may adjust Plan pricing with thirty (30) days’ advance notice via email to the address associated with your account. The notice will state the new price, the date it takes effect, and how to cancel if you do not agree. If you do not cancel before the new price takes effect, your continued subscription constitutes acceptance of the new pricing.
3.7 One-Time Setup Units. Certain Plans include one-time setup Support Units intended to assist with initial Agent configuration. Setup Units are available for use during the first sixty (60) days following provisioning and expire thereafter.
4.1 Permitted Use. You may use the Platform for lawful business purposes. You are responsible for ensuring that your use of the Platform, including your Agent Configuration and all activities performed by your Agent, complies with all applicable laws, regulations, and third-party agreements.
4.2 Acceptable Use Policy. You shall not, and shall not permit your Agent to:
4.3 Compliance. If your use of the Platform involves regulated data — including personally identifiable information, protected health information, financial data, or data subject to industry-specific regulations — you are solely responsible for ensuring that your Agent Configuration and use of the Platform comply with all applicable regulatory requirements. FxM provides a managed infrastructure environment; compliance with data-handling regulations applicable to your business and your data is your responsibility.
5.1 Definition. A Support Unit equals thirty (30) minutes of hands-on human assistance from Provider personnel. Support Units may be used for integration work, debugging, skills configuration, and other technical assistance.
5.2 Included Units. Certain Plans include monthly Support Units and one-time setup Support Units as specified in your Plan. Included monthly Support Units do not roll over; unused monthly units expire at the end of each billing period.
5.3 Scheduled Units. Included Support Units and additional Support Units purchased at the scheduled rate ($75 per unit, or as published on the Platform) must be booked at least two (2) business days in advance. Once a scheduled session is confirmed, it cannot be rescheduled or canceled by you. If FxM must reschedule a confirmed session, FxM will offer a replacement session within five (5) business days at no additional charge.
5.4 Urgent Units. Urgent Support Units ($125 per unit, or as published on the Platform) are available without advance scheduling and carry a target response time of within twenty-four (24) hours. Urgent units are always à la carte and may be purchased at any time.
5.5 Additional Units. You may purchase additional Support Units of either type at any time at the then-current rates published on the Platform.
5.6 Scope of Support. Support Units cover technical assistance with the Platform and Agent operation. Support Units do not include business consulting, custom software development, or work that falls outside the scope of Platform-related technical assistance. Provider reserves the right to decline support requests that fall outside this scope.
6.1 You Are the Operator. The Platform provides infrastructure and tooling. You are the operator of your Agent. You decide what your Agent does, what data it accesses, what systems it connects to, and what actions it takes. FxM does not supervise, review, or approve your Agent’s behavior in real time.
6.2 Configuration Risk. You acknowledge and accept that Agent Configuration carries inherent risks, including but not limited to:
6.3 Reasonable Controls. You agree to implement reasonable security controls appropriate to the sensitivity of the data and systems your Agent accesses. This includes, at a minimum: using strong authentication for connected systems, limiting Agent permissions to the minimum necessary for intended functions, reviewing Agent activity logs, and maintaining your own backups of critical data in external systems.
6.4 No Substitute for Professional Judgment. Your Agent is a tool, not a professional advisor. Outputs generated by your Agent do not constitute legal, financial, medical, or other professional advice. You are responsible for applying appropriate human judgment to Agent outputs.
7.1 Provider IP. FxM retains all right, title, and interest in and to the Platform, including its infrastructure, software, AI models, provisioning systems, and all improvements thereto. These Terms grant you a limited, non-exclusive, non-transferable, revocable license to use the Platform during your active subscription. You receive no ownership interest in the underlying technology.
7.2 Customer Data. You retain all right, title, and interest in your Customer Data. You grant FxM a limited license to host, transmit, and process your Customer Data solely as necessary to operate the Platform and deliver the service to you.
7.3 Your Data Improves Your Agent. FxM may use your Customer Data — including corrections, feedback, and operational patterns generated through your use of the Platform — to train, configure, and improve the performance of your Agent. This use is exclusively for your benefit. Your Customer Data will not be used to train, improve, or benefit any other customer’s Agent or any general-purpose model.
7.4 Platform Metadata. FxM may collect, use, and analyze Platform Metadata to operate, maintain, and improve the Platform for all customers. Platform Metadata is system-level operational data as defined in Section 1.4 and does not include Customer Data or the content of your interactions with your Agent.
7.5 Learnings. FxM may develop general technical learnings, know-how, and methodological improvements through operation of the Platform. Such learnings, when not derived from or identifiable to your Customer Data or Confidential Information, belong to FxM. For clarity, the fact that you use the Platform for a particular business function does not restrict FxM from serving other customers in the same or similar industries.
7.6 Effects of Termination. Upon termination of your subscription for any reason, your license to use the Platform terminates immediately. FxM will make your Customer Data available for export for thirty (30) days following termination. After this period, FxM may delete your Customer Data and Agent Configuration from its systems. FxM’s license to use your Customer Data under Section 7.2 and 7.3 terminates upon termination, except that FxM may retain archival copies solely as required by law or for dispute resolution purposes.
8.1 Mutual Obligations. Each party agrees to maintain in confidence all non-public information disclosed by the other party that is designated as confidential or that reasonably should be understood to be confidential (“Confidential Information”).
8.2 Exceptions. Confidential Information does not include information that: (a) is or becomes publicly available without breach; (b) was known to the receiving party prior to disclosure; (c) is independently developed without reference to the disclosing party’s information; or (d) is rightfully obtained from a third party without restriction.
8.2.1 Compelled Disclosure. If FxM is compelled by law, regulation, or legal process (including subpoena, court order, or government investigation) to disclose your Confidential Information or Customer Data, FxM will, to the extent legally permitted, provide you with prompt notice so that you may seek a protective order or other appropriate remedy. If such notice is prohibited by law, FxM will comply with the compelled disclosure without prior notice. FxM will disclose only the minimum information reasonably required to comply and will use commercially reasonable efforts to obtain confidential treatment for any disclosed information.
8.3 Data Security. FxM implements and maintains administrative, technical, and physical safeguards designed to protect Customer Data against unauthorized access, disclosure, alteration, or destruction. These safeguards include dedicated VPS isolation, encrypted data transmission, and backup systems. FxM will notify you within forty-eight (48) hours of discovering any actual or reasonably suspected unauthorized access to your Customer Data (“Security Incident”) and will cooperate in investigating and remediating the incident. Investigation and remediation costs shall be borne by FxM to the extent the Security Incident resulted from a failure of FxM’s infrastructure safeguards, and by you to the extent the Security Incident resulted from your Agent Configuration, your credentials management, or your integrations with external systems.
8.4 Survival. Confidentiality obligations survive termination for three (3) years, or indefinitely with respect to trade secrets.
9.1 Availability. FxM will use commercially reasonable efforts to maintain Platform availability. The Platform depends on third-party infrastructure providers, AI model APIs, and other external services. FxM does not guarantee uninterrupted or error-free operation.
9.2 Scheduled Maintenance. FxM may perform scheduled maintenance that temporarily affects availability. We will provide at least twenty-four (24) hours’ advance notice for planned maintenance that is expected to cause service interruption.
9.3 Exclusions. FxM is not responsible for unavailability caused by: (a) third-party service outages, including AI model provider API disruptions and cloud infrastructure failures; (b) your systems, network, or Agent Configuration; (c) force majeure events; or (d) suspension of your account under Section 10.
9.4 Backups and Restore. The Platform provides automated backups and checkpoint restore functionality for data stored within your Agent’s VPS. While FxM uses commercially reasonable efforts to maintain the integrity and availability of backups, FxM does not guarantee that backups will be error-free, complete, or recoverable in all circumstances. You may restore your Agent to a prior checkpoint state through the Platform. FxM is not responsible for backing up data in external systems your Agent connects to. You are encouraged to maintain your own independent backups of critical data.
9.5 Model Availability. AI models available through the Platform may change as model providers update, deprecate, or modify their offerings. FxM will use reasonable efforts to maintain continuity of model access but does not guarantee the perpetual availability of any specific AI model.
10.1 Termination by You. You may cancel your subscription at any time through the Platform. Cancellation takes effect at the end of the current billing period. Upon cancellation, you will have thirty (30) days to export your Customer Data before it is deleted.
10.2 Suspension by FxM. FxM may suspend your access to the Platform, with notice where practicable, if:
10.3 Termination by FxM. FxM may terminate your subscription upon written notice if: (a) you materially breach these Terms and fail to cure within fifteen (15) days of notice; (b) your account has been suspended for more than thirty (30) consecutive days; or (c) you become the subject of a bankruptcy, insolvency, or similar proceeding.
10.4 Effect of Termination. Upon termination, all rights granted to you under these Terms cease. Sections 6 (Assumption of Risk), 7 (Intellectual Property), 8 (Confidentiality), 11 (Limitation of Liability), 12 (Indemnification), and 13 (General Provisions) survive termination.
11.1 Limitation of Liability. TO THE MAXIMUM EXTENT PERMITTED BY LAW, FXM SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES ARISING OUT OF OR RELATED TO THESE TERMS OR YOUR USE OF THE PLATFORM, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, LOSS OF DATA, BUSINESS INTERRUPTION, OR COST OF SUBSTITUTE SERVICES, REGARDLESS OF THE THEORY OF LIABILITY AND EVEN IF FXM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11.2 Cap on Liability. FXM’S TOTAL AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS SHALL NOT EXCEED THE FEES PAID BY YOU IN THE THREE (3) MONTHS PRECEDING THE EVENT GIVING RISE TO THE CLAIM.
11.3 Operator Responsibility. YOU ACKNOWLEDGE THAT YOU ARE THE OPERATOR OF YOUR AGENT AND THAT FXM SHALL NOT BE LIABLE FOR ANY LOSS, DAMAGE, OR LIABILITY ARISING FROM YOUR AGENT CONFIGURATION, THE ACTIONS YOUR AGENT TAKES IN CONNECTED SYSTEMS, DATA ACCESSED OR MODIFIED BY YOUR AGENT, OR ANY DECISION MADE IN RELIANCE ON AGENT OUTPUTS.
11.4 Warranty Disclaimer. EXCEPT AS EXPRESSLY SET FORTH IN THESE TERMS, THE PLATFORM IS PROVIDED “AS IS” AND “AS AVAILABLE.” FXM DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT. FXM DOES NOT WARRANT THAT THE PLATFORM WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE, OR THAT ANY DEFECTS WILL BE CORRECTED.
11.5 Essential Basis. THE LIMITATIONS IN THIS SECTION 11 REFLECT THE ALLOCATION OF RISK BETWEEN THE PARTIES AND ARE AN ESSENTIAL ELEMENT OF THE BASIS OF THE BARGAIN BETWEEN THE PARTIES. THE PLATFORM FEES REFLECT THIS ALLOCATION OF RISK AND THE LIMITATION OF LIABILITY SPECIFIED HEREIN.
12.1 Your Indemnification of FxM. You shall indemnify, defend, and hold harmless FxM and its officers, directors, employees, and agents from and against any third-party claim, suit, or proceeding arising from or relating to:
12.2 FxM Indemnification of You. FxM shall indemnify, defend, and hold harmless you from and against any third-party claim alleging that the Platform technology itself, as provided by FxM, infringes or misappropriates such third party’s intellectual property rights. This obligation does not apply to claims arising from your Agent Configuration, your Customer Data, your integrations with third-party systems, or your use of the Platform in combination with materials not provided by FxM. FxM’s aggregate liability under this Section 12.2 shall not exceed the fees paid by you in the twelve (12) months preceding the claim (or, if you have been a subscriber for less than twelve months, the total fees paid to date).
12.3 Procedure. The indemnified party shall provide prompt written notice of any claim, grant the indemnifying party sole control of the defense and settlement, and provide reasonable cooperation. Failure to provide prompt notice does not relieve the indemnifying party of its obligations except to the extent materially prejudiced by such failure.
13.1 Governing Law. These Terms are governed by the laws of the State of Georgia, without regard to conflict of law principles.
13.2 Dispute Resolution. PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY HEAR YOUR CLAIMS.
(a) Binding Arbitration. Except as provided in subsections (b) and (c) below, any dispute arising out of or relating to these Terms or your use of the Platform shall be resolved by binding arbitration administered by the American Arbitration Association (“AAA”) under its Commercial Arbitration Rules, conducted by a single arbitrator in Atlanta, Georgia. Arbitration means that an arbitrator, not a judge or jury, will decide the dispute. The arbitrator’s award is final and binding and may be entered as a judgment in any court of competent jurisdiction. The prevailing party is entitled to recover reasonable attorneys’ fees and arbitration costs.
(b) Small Claims Court. Either party may bring an individual action in small claims court (Magistrate Court in Georgia) if the claim falls within that court’s jurisdictional limits, currently $15,000. If the claim is removed or transferred to a court of general jurisdiction, either party may elect to have it resolved by arbitration under subsection (a).
(c) Injunctive Relief. Either party may seek injunctive or other equitable relief in any court of competent jurisdiction to protect its intellectual property rights or Confidential Information without first submitting to arbitration.
13.3 Entire Agreement. These Terms, together with the Plan details published on the Platform, constitute the entire agreement between you and FxM regarding the Platform and supersede all prior or contemporaneous communications. For clarity, these Terms govern the self-serve Platform only. If you also engage FxM for managed FMA services, those services are governed by a separate Master Services Agreement.
13.4 Amendments. FxM may update these Terms by posting revised Terms on the Platform and providing you with notice (via email or through the Platform) at least thirty (30) days before changes take effect. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance. If you do not agree to the revised Terms, you may cancel your subscription before the changes take effect.
13.5 Assignment. You may not assign or transfer these Terms without FxM’s prior written consent. FxM may assign these Terms in connection with a merger, acquisition, or sale of substantially all assets without your consent, provided the assignee assumes all obligations.
13.6 Severability. If any provision of these Terms is held unenforceable, the remaining provisions remain in full force and effect.
13.7 Waiver. The failure of either party to enforce any right or provision of these Terms does not constitute a waiver of that right or provision.
13.8 Notices. FxM may provide notices to you via email to the address associated with your account or through the Platform interface. You may provide notices to FxM at the contact information published on the Platform.
13.9 Relationship. Nothing in these Terms creates a partnership, joint venture, employment, or agency relationship between you and FxM. You are an independent user of the Platform.
13.10 Force Majeure. Neither party is liable for delays or failures in performance caused by circumstances beyond its reasonable control, including natural disasters, acts of government, pandemic, war, terrorism, labor disputes, power failures, internet disruptions, or third-party service outages.
13.11 Export Compliance. You shall comply with all applicable export control and sanctions laws in your use of the Platform.
13.12 Class Action Waiver. YOU AND FXM AGREE THAT EACH PARTY MAY BRING CLAIMS AGAINST THE OTHER ONLY IN YOUR OR ITS INDIVIDUAL CAPACITY, AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, OR REPRESENTATIVE PROCEEDING. Unless both you and FxM agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims and may not preside over any form of class or representative proceeding. If this class action waiver is found to be unenforceable, then the entirety of the arbitration provision in Section 13.2 shall be null and void, and the dispute shall proceed in court.
13.13 No Third-Party Beneficiaries. These Terms are between you and FxM. No third party — including your employees, customers, contractors, or end users of your products or services — has any right to enforce any provision of these Terms or any claim against FxM arising from your use of the Platform or your Agent’s actions.
13.14 Age Requirement. You must be at least eighteen (18) years of age to use the Platform. By accepting these Terms, you represent that you are at least eighteen years of age.
14.1 Community. The Platform includes access to a private builder community for operator-to-operator knowledge sharing. Community participation is subject to community guidelines published within the community. FxM may moderate or remove content that violates community guidelines or the Acceptable Use Policy. FxM is not responsible for user-generated content posted in the community by other customers.
14.2 Use Case Templates. The Platform may provide templates or starter configurations for common use cases. Templates are provided as starting points and are not warranted for any specific purpose. You are responsible for reviewing and adapting any template to your requirements.
15.1 Managed FMA Services. If you wish to engage FxM for fully managed FMA deployment — including custom Identity Card development, dedicated Evaluation Frameworks, and assigned operational oversight — such services are available under a separate Master Services Agreement and Statement of Work. Contact FxM to discuss managed engagement options.
15.2 Separate Terms. Managed FMA services are governed exclusively by the applicable Master Services Agreement and are not subject to these Terms. Execution of a Master Services Agreement does not affect your rights or obligations under these Terms with respect to your self-serve subscription, and vice versa.
By using the Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service.
Future Obvious, LLC d/b/a Force Multiplier AI
selfserve.getfxm.ai