Fynche

Terms of Service ​

Effective Date: April 24, 2026

Please read these Terms of Service ("Terms") carefully before using https://fynche.ai (the "Website") or the Fynche AI assistant service (the "Service") operated by Affliction Digital T/A Fynche AI ("we", "us", or "our").

By accessing or using the Service, you agree to be bound by these Terms. If you do not agree, do not use the Service.

1. Eligibility ​

You must be at least 18 years old to use the Service. By using the Service, you represent and warrant that you meet this requirement.

2. User Accounts ​

When you create an account, you must provide accurate and complete information. Your account is identified by your phone number. You are responsible for all activity that occurs under your account.

You agree to notify us immediately of any unauthorised use of your account. We reserve the right to suspend or terminate your account at any time for violation of these Terms.

3. The AI Agent — Authorisation and User Responsibility ​

This section is important. Please read it carefully.

The Service operates as an always-on AI agent that acts on your behalf. The agent's actions are not limited to responses to your direct, real-time instructions. The Service is designed to act proactively, autonomously, and at scheduled intervals — including when you are not actively using the app. Actions may be taken by the agent based on prior instructions, learned context, scheduled tasks, or the agent's own judgement in pursuing a goal you have set.

By activating the Service and keeping your account active, you grant the agent a standing authorisation to take actions on your behalf across all connected services and communication channels. This authorisation remains in effect until you deactivate your account, disconnect a service, or cancel a task.

By using the Service, you:

  • Authorise the AI agent to take actions on your behalf, whether in direct response to a message you send or autonomously based on prior instructions, learned context, or scheduled tasks
  • Accept full responsibility for the consequences of all actions taken by the agent, whether those actions were explicitly directed by you in the moment, follow from prior instructions, or were taken autonomously by the agent in the course of operating the Service
  • Acknowledge that AI systems can make errors, misinterpret instructions, act on incomplete context, or produce unexpected results, and that you assume the risk of such outcomes
  • Acknowledge that actions taken on third-party services (such as sending emails, modifying calendar events, or managing files) may be irreversible, and that you bear responsibility for reviewing the agent's behaviour and cancelling any tasks or permissions you no longer intend
  • Accept that scheduled tasks will execute automatically at the times you set and will continue to do so until cancelled, and that you are responsible for managing them

We are a platform provider. The agent acts as a tool operating under your standing authorisation. We are not responsible for the outcomes of actions taken by the agent — whether directly instructed, autonomously initiated, or the result of the agent's own judgement — including errors, unintended consequences, or losses arising from those actions.

4. Third-Party Services and Integrations ​

The Service allows you to connect third-party accounts (such as Google Workspace). When you connect a third-party service, you authorise the agent to access and act on that service on your behalf.

You are solely responsible for:

  • Ensuring you have the right to authorise the agent to act on connected accounts
  • All actions taken by the agent on those accounts at your direction
  • Any consequences arising from those actions, including data modification or deletion

We do not control third-party services and are not responsible for their availability, actions, or terms. Your use of connected services is also subject to those providers' terms.

5. Acceptable Use ​

You agree not to use the Service to:

  • Violate any applicable law or regulation
  • Infringe the rights of any person or entity
  • Send unsolicited or unlawful communications
  • Direct the agent to take actions on accounts or services you are not authorised to access
  • Attempt to gain unauthorised access to our systems or circumvent security measures
  • Interfere with or disrupt the Service
  • Use the Service for any fraudulent or deceptive purpose

6. Payments and Billing ​

The Service offers subscription-based pricing. By subscribing, you authorise us to charge your payment method on a recurring basis until you cancel.

  • Subscription fees are billed in advance on a recurring basis
  • You may cancel at any time through your account settings
  • Cancellation takes effect at the end of the current billing period

All fees are non-refundable unless otherwise stated or required by applicable law, including the Australian Consumer Law.

7. Refund Policy ​

We offer a 14-day refund policy. If you are not satisfied with the Service, contact us at hello@fynche.ai within 14 days of your initial purchase for a full refund. After 14 days, refunds are provided at our discretion.

8. Intellectual Property ​

The Service and its content, features, and functionality are owned by Affliction Digital T/A Fynche AI and are protected by applicable intellectual property laws. You may not copy, modify, distribute, sell, or lease any part of the Service without our prior written consent.

9. Disclaimer of Warranties ​

The Service is provided on an "as is" and "as available" basis. To the fullest extent permitted by law, we make no representations or warranties of any kind, express or implied, regarding the Service, including but not limited to its accuracy, reliability, fitness for a particular purpose, or continued availability.

We do not warrant that the Service will be uninterrupted, error-free, or that the AI agent will produce accurate or error-free outputs. The AI agent may make mistakes. You are responsible for reviewing the agent's actions and outputs before relying on them.

Nothing in these Terms excludes any guarantee or right that cannot be excluded under the Australian Consumer Law.

10. Limitation of Liability ​

To the fullest extent permitted by law, we exclude all liability for any loss or damage — including direct, indirect, incidental, special, consequential, or economic loss — arising out of or in connection with your use of the Service or any action taken by the AI agent on your behalf.

This includes, without limitation:

  • Loss or damage resulting from the agent sending communications or taking actions on your connected accounts, whether those actions were explicitly instructed by you or taken autonomously by the agent
  • Loss or damage resulting from the agent acting on its own initiative, including proactive actions, scheduled task execution, or decisions made by the agent without a direct real-time instruction from you
  • Loss or damage resulting from errors, misinterpretations, misplaced context, or unintended outputs by the AI model
  • Loss of data, profits, business, or opportunity
  • Damage to relationships, reputation, or third-party accounts caused by agent actions

We make no representation that the agent will act only when explicitly instructed. Autonomous and proactive operation is a feature of the Service, and the risk of such operation is accepted by you as a condition of use.

Where liability cannot be excluded under the Australian Consumer Law or any other applicable law, our liability is limited, at our option, to:

  • Re-supplying the relevant Service; or
  • The cost of having the Service re-supplied; or
  • A refund of fees paid for the Service in the twelve (12) months prior to the claim

The user's authorisation of the agent's actions, as described in Section 3, is not affected by this limitation.

11. Indemnity ​

To the extent permitted by law, you agree to indemnify and hold us harmless from any claims, losses, damages, costs (including legal costs), or liability arising out of or in connection with:

  • Your use of the Service
  • Actions taken by the agent at your direction or autonomously on your behalf
  • Your breach of these Terms
  • Your violation of any law or the rights of any third party

12. Governing Law ​

These Terms are governed by the laws of Queensland, Australia. You submit to the exclusive jurisdiction of the courts of Queensland for any disputes arising under or in connection with these Terms.

13. Termination ​

We may terminate or suspend your access to the Service immediately, without prior notice, for any reason including breach of these Terms. Upon termination, your right to use the Service ceases immediately.

14. Changes to Terms ​

We may update these Terms at any time. We will notify you of material changes by posting the updated Terms on this page and updating the Effective Date. Your continued use of the Service after changes are posted constitutes acceptance of the updated Terms.

15. Contact Us ​

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

Affliction Digital T/A Fynche AI Email: hello@fynche.ai Website: https://fynche.ai