Terms of Service

Effective date: August 21, 2026

These Terms of Service (the “Terms”) govern your use of fariq.ai, the Fariq desktop application, and related services (collectively, the “Services”). These Terms form an agreement between you and Underbuild LLC (“Underbuild,” “we,” “us,” or “our”). By creating an account, clicking to accept these Terms, or using the Services, you agree to these Terms.

If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that organization, and “you” includes that organization. If you do not agree to these Terms, do not use the Services.

Our Privacy Policy explains how we handle personal data. It does not form part of these Terms. Appendix A to these Terms is our Data Processing Addendum and applies when we process personal data on behalf of an organization.

1. Eligibility and accounts

You must be at least 18 years old and legally capable of entering into these Terms.

You must provide accurate and complete account information and keep it current. You may not share individual login credentials or make your account available to another person. You are responsible for activity under your account and must promptly notify us at contact@fariq.ai if you believe your account has been accessed without authorization.

2. Organization accounts

An organization may add members, assign roles and permissions, configure agents and services, and control User Content associated with its organization account. Organization members may access User Content according to the permissions and access controls available in the Services.

If an organization provides your access to the Services, its administrators may manage your access and the organization’s User Content. The organization is responsible for its members’ use of the Services and for providing any notices and obtaining any authorizations required for that use.

3. Using the Services

Subject to these Terms and payment of applicable fees, we grant you a limited, non-exclusive, non-transferable right to access and use the Services during your subscription term. We may suspend or terminate that right only as provided in these Terms.

You may not, and may not help another person to:

• use the Services unlawfully or in a way that infringes, misappropriates, or violates another person’s rights;
• use the Services to develop, distribute, or facilitate malware or other harmful activity;
• reverse engineer, decompile, disassemble, or attempt to discover the source code or non-public components of the Services, except where applicable law prohibits this restriction;
• copy, sell, lease, sublicense, distribute, or provide access to the Services except as expressly permitted by us;
• interfere with or disrupt the Services, bypass access controls, or circumvent usage limits or protective measures;
• access the Services through automated means other than interfaces we provide or expressly authorize;
• misrepresent AI-generated output as human-generated where that would be deceptive or unlawful; or
• use the Services in a manner subject to heightened legal or regulatory requirements unless we have expressly agreed in writing to support that use.

You must comply with applicable laws, including trade-control and sanctions laws. You may not use the Services in, for the benefit of, or on behalf of a country, territory, person, or entity where such use is prohibited by applicable trade laws.

4. AI providers and connected services

Fariq enables you to use AI providers and other third-party services. When you request model processing or an action through a connected service, you authorize Fariq to send that provider or service the User Content and instructions needed to perform your request.

When you connect and use your own account with an AI provider or connected service, your use of that account is governed by your agreement with that provider or service. You are responsible for selecting and maintaining the account, subscription, credentials, permissions, and fees it requires. We do not control those independently selected services and are not responsible for their independent acts, omissions, availability, or output.

When we procure an AI provider, connected service, or other vendor to provide part of the Services, that provider acts as our service provider or subprocessor rather than under a separate agreement with you. We remain responsible for our obligations concerning those providers under these Terms, the Privacy Policy, and Appendix A.

Agent and connected-service actions

Agents may use tools, send communications, retrieve information, create or modify records, run commands, or take other actions through connected services when you request or configure those actions. This includes actions configured to run automatically. You authorize us to perform those actions according to your instructions and settings.

You are responsible for reviewing an agent’s instructions, permissions, recipients, access scopes, and automation settings before enabling it to act. You must use appropriate human review where an action could materially affect a person, data, an external system, or your organization.

5. User Content

5.1 Definitions

You may provide information to the Services (“Input”) and receive information generated through the Services (“Output”). “User Content” means Input and Output and includes files, documents, prompts, messages, workflows, agent instructions and configurations, knowledge bases, memories, context, tool results, and customer-specific knowledge created through use of the Services.

5.2 Responsibility for User Content

You are responsible for User Content and represent that you have the rights, licenses, permissions, and lawful basis needed to provide Input and instruct us, AI providers, and connected services to process it. You must not provide User Content that violates these Terms or applicable law.

5.3 Storage and transmission

We may store chats, agent configurations, memories, outputs, tool results, and related User Content on our infrastructure to provide the Services. We receive file contents when they are uploaded, synchronized, or included in messages, tool results, or other User Content. Other files, workspaces, browser information, and AI-provider credentials may remain on your device unless you direct Fariq to use, transmit, or synchronize them.

An AI provider receives the prompts, relevant conversation history, files, and tool results included in a model request. Connected services receive the information and instructions needed to perform the action you request. A provider or connected service that you use through your own account processes that information under your agreement with that provider or service.

5.4 Ownership

As between you and Underbuild, Underbuild does not claim ownership of your Input or Output. You retain rights in Input and obtain any rights in Output available under applicable law and applicable provider terms. To the extent Underbuild acquires rights in Output generated specifically for you, we assign those rights to you.

You retain ownership of your customer-specific prompts, workflows, agent instructions and configurations, knowledge bases, memories, context, and other customer-specific intellectual property created through the Services. This does not transfer ownership of the Services or Underbuild Technology described in Section 7.

5.5 Similarity and third-party material

AI output may not be unique, and other users may receive similar output. Your ownership of Output does not extend to another user’s content, third-party material, or Underbuild Technology that may appear in Output.

5.6 Our use of User Content

We may use User Content only as necessary to provide, maintain, secure, and support the Services; follow your instructions; comply with applicable law; enforce these Terms; and prevent abuse. We will not use User Content to develop or improve the Services unless you explicitly agree to that use.

These commitments do not replace or modify the terms between you and an AI provider or connected service that you select and use through your own account.

We may use product telemetry that has been aggregated or de-identified to analyze and improve the Services, provided that it cannot reasonably be linked to you, another user, or your organization or reconstructed into raw prompts, outputs, files, memories, or other User Content.

6. Confidentiality

“Confidential Information” means non-public information disclosed by one party to the other that is identified as confidential or that a reasonable person would understand to be confidential in the circumstances. Your User Content is your Confidential Information. Our non-public software, security information, pricing, product plans, and technical information are our Confidential Information.

Each party will use the other party’s Confidential Information only to exercise its rights and perform its obligations under these Terms. Each party will protect the other party’s Confidential Information using at least reasonable care and will disclose it only to personnel, contractors, advisers, and service providers who need it for those purposes and are bound by confidentiality obligations.

Confidential Information does not include information that the receiving party can demonstrate: was lawfully known without restriction before disclosure; becomes public through no breach of these Terms; is received lawfully from a third party without a duty of confidentiality; or is independently developed without using the disclosing party’s Confidential Information.

The receiving party may disclose Confidential Information when required by law or lawful process. Where legally permitted, it will use reasonable efforts to give the disclosing party advance notice.

These confidentiality obligations apply throughout the term of these Terms and for five years after termination. User Content and personal data remain protected until deletion. Obligations concerning trade secrets continue for as long as the information remains a trade secret under applicable law.

7. Underbuild Technology

We and our licensors own all rights, title, and interest in the Services and the technology used to provide them, including software, interfaces, designs, documentation, generic templates, generic skills and workflows, models, methods, and pre-existing technology (“Underbuild Technology”). Except for the limited right to use the Services under these Terms, no rights in Underbuild Technology are transferred to you.

If you provide feedback, you grant us a perpetual, worldwide, royalty-free right to use it without restriction or compensation.

8. Data export and portability

While your account is active, you may request an export of User Content associated with your account by emailing contact@fariq.ai. We will provide technically available User Content within a reasonable time and in a reasonably usable format supported by the Services.

An export does not include Underbuild Technology, security-sensitive information, information belonging to another customer, information held only by a third party, or information stored only on your device.

Following closure or termination of your account, you must submit any export request within 30 days. We may decline an export request where providing the export is prohibited by law or the account was terminated to address fraud, abuse, or a material security risk.

9. Privacy and security

Our Privacy Policy explains how we collect and use personal data. Where we process personal data on behalf of an organization, Appendix A governs that processing.

We maintain reasonable technical and organizational safeguards designed to protect User Content against unauthorized access, use, alteration, or disclosure. No method of transmission or storage is completely secure, and we do not guarantee that User Content will never be lost, altered, or accessed without authorization.

You are responsible for configuring accounts, permissions, connected services, and devices appropriately and for protecting credentials under your control.

10. AI output

AI and machine-learning systems are probabilistic. Output may be inaccurate, incomplete, misleading, offensive, or similar to output provided to other users. You must evaluate Output for accuracy and suitability, including using human review where appropriate, before relying on, publishing, or acting on it.

You must not rely on Output as the sole source of truth or as a substitute for professional advice. You are responsible for decisions and actions based on Output and for ensuring that your use complies with applicable law.

11. Paid Services

If you purchase paid Services, you must provide complete and accurate billing information and a valid payment method. Unless otherwise stated at purchase, subscriptions renew automatically for successive periods of the same length until cancelled. You authorize us to charge applicable fees and taxes at each renewal.

You may cancel a paid subscription at any time. If you purchased it online, you may cancel through account settings or another immediately accessible online cancellation method we provide. Cancellation takes effect at the end of the current billing period.

At checkout, we will disclose the subscription price, billing frequency, any trial conversion, and the cancellation method. Payments are non-refundable except where required by law or expressly stated at purchase.

We may change prices by giving at least 30 days’ notice. A price increase takes effect on your next renewal after the notice period. If payment fails, we may downgrade or suspend paid features until payment is received.

Consumer rights

If you use the Services as a consumer, these Terms do not limit mandatory rights concerning withdrawal, cancellation, refunds, conformity of digital services, repair, price reduction, or termination. Where applicable law gives you a cooling-off or withdrawal period, you may exercise it using the cancellation method available for your purchase or by contacting us. If you ask us to begin providing paid Services during a statutory withdrawal period, you may be responsible only for the proportion supplied before withdrawal where applicable law permits.

12. Suspension, termination, and deletion

You may stop using the Services at any time and may request termination of your account by emailing contact@fariq.ai.

We may suspend or terminate access if you materially breach these Terms, fail to pay amounts due, create risk or harm to the Services or others, or if suspension or termination is required by law. Where practicable, we will notify you of the reason and provide a reasonable opportunity to cure the issue, unless doing so could cause harm, create security risk, or violate law.

You may request deletion of User Content at any time by emailing contact@fariq.ai. Following termination, we will delete User Content from active systems within 30 days, except where continued retention is required by law or reasonably necessary to prevent fraud, abuse, or harm, resolve disputes, enforce agreements, or protect the Services. Deletion may not immediately remove residual copies from backups and operational logs.

Information stored locally on your device is under your control and may remain after account termination or deletion. You are responsible for deleting local files, browser data, caches, workspaces, and provider credentials from your device.

Sections that by their nature should survive termination will remain in effect, including ownership, confidentiality, disclaimers, limitations of liability, indemnity, disputes, and general terms.

13. Changes and discontinuation

We may update the Services and these Terms from time to time. Changes apply prospectively. We will give direct notice by email or in-product notice of material changes. We will give at least 30 days’ advance notice of a change that materially and adversely affects your rights or obligations.

A material change to a fixed paid term will ordinarily take effect at renewal unless an earlier change is reasonably necessary to comply with law, address an urgent security issue, or prevent abuse. Non-material changes take effect on the stated effective date after publication. If you do not agree to an updated version, you must stop using the Services before it takes effect.

We may discontinue all or part of the Services. If we discontinue paid Services, we will give reasonable advance notice where practicable and refund prepaid fees for the discontinued period.

14. Disclaimers

Business users

If you use the Services for a business or organization, the Services are provided “as is” and “as available.” To the maximum extent permitted by law, Underbuild and its affiliates and licensors disclaim all express, implied, statutory, and other warranties, including warranties of merchantability, fitness for a particular purpose, title, non-infringement, and quiet enjoyment.

We maintain the safeguards described in our Privacy Policy and Data Processing Addendum, but no system can be guaranteed completely secure. We do not guarantee that the Services will be uninterrupted or error-free or that User Content will never be lost, altered, or accessed without authorization.

Consumers

If you use the Services as a consumer, we provide the Services with the rights and warranties that applicable consumer law requires. Nothing in these Terms excludes or restricts those mandatory rights or remedies. Any other warranty exclusion in these Terms applies only where and to the extent consumer law permits it.

15. Limitation of liability

Business users

If you use the Services for a business or organization, to the maximum extent permitted by law, Underbuild, its affiliates, licensors, and service providers will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages or for loss of profits, revenue, goodwill, use, or data, even if advised of the possibility of those damages.

For business and organization users, the aggregate liability of Underbuild and its affiliates arising out of or relating to the Services or these Terms will not exceed the total amount you paid for the Services during the 12 months immediately before the event giving rise to liability.

Consumers

If you use the Services as a consumer, Underbuild is responsible for losses that are a foreseeable result of our breach of these Terms or failure to use reasonable care. We are not responsible for business losses arising from consumer use or for losses that were not reasonably foreseeable when you accepted these Terms. To the maximum extent permitted by applicable law, our aggregate liability will not exceed the greater of the amount you paid for the Service giving rise to the claim during the 12 months before the liability arose or USD 100.

Liability that is not limited

We do not exclude or limit our liability to you where it would be unlawful for us to do so. These Terms do not restrict rights or remedies that applicable consumer or data-protection law requires.

16. Indemnity for organizations

If you are a business or organization, to the extent permitted by law, you will defend, indemnify, and hold harmless Underbuild, its affiliates, and their personnel from third-party claims, losses, liabilities, damages, and reasonable legal fees arising from unlawful User Content, your use of the Services in material breach of these Terms, or infringement caused by your instructions or User Content. This obligation does not apply to the extent a claim was caused by Underbuild’s breach, negligence, or willful misconduct.

We will promptly notify you of a claim and reasonably cooperate in the defense. You may not settle a claim in a manner that admits fault by or imposes obligations on Underbuild without our written consent.

17. Governing law and disputes

Before filing a legal claim, each party will give the other written notice and try in good faith to resolve the dispute informally for 30 days. Notices to Underbuild must be sent to contact@fariq.ai and the mailing address in Section 19.

Wyoming law governs these Terms without regard to conflict-of-law rules. If you are a consumer, you retain the mandatory protections of the country where you live and may bring proceedings in your local courts where applicable law permits. We will bring proceedings against a consumer only in a court permitted by applicable consumer law. In all other cases, the state and federal courts located in Wyoming have exclusive jurisdiction over disputes arising from these Terms or the Services, and each party consents to those courts.

Either party may seek urgent injunctive or equitable relief to prevent unauthorized use of the Services or infringement, misuse, or disclosure of intellectual property or Confidential Information.

18. General

These Terms, Appendix A, and any order form or service-specific terms we agree with you constitute the entire agreement concerning the Services. In the event of conflict, the following order of precedence applies for the subject matter of the conflict: an applicable transfer mechanism; Appendix A; an order form; service-specific terms; and these general Terms. An order form may expressly state a different priority for commercial terms, but it cannot restrict mandatory data-subject rights or mandatory terms of an applicable transfer mechanism.

You may not assign these Terms without our prior written consent. We may assign them to an affiliate or in connection with a merger, reorganization, acquisition, or sale of all or substantially all assets relating to the Services.

Neither party is liable for delay or failure caused by events beyond its reasonable control, except for payment obligations.

If any provision is unenforceable, it will be enforced to the maximum extent permitted and the remaining provisions will remain effective. A delay in enforcing a right is not a waiver. Headings are for convenience only.

Notices from us may be provided by email, through the Services, or by posting to our website. Electronic notices satisfy any legal requirement that a communication be in writing.

19. Contact

Underbuild LLC 5830 E 2nd St, Ste 7000 #31643 Casper, Wyoming 82609 United States contact@fariq.ai

Appendix A — Data Processing Addendum

This Data Processing Addendum (“DPA”) forms part of the Terms when Underbuild processes personal data contained in User Content on behalf of an organization (“Customer”). Capitalized terms not defined in this DPA have the meanings given in the Terms.

“Data Protection Laws” means the EEA GDPR, UK GDPR, applicable national implementing legislation, and other privacy and data-protection laws that apply to the processing of Customer Personal Data.

A1. Roles and instructions

Customer is the controller or processor of Customer Personal Data, and Underbuild is the processor or subprocessor, as applicable. “Customer Personal Data” means personal data that Underbuild processes as a processor on Customer’s behalf. It excludes account administration, billing, security, fraud-prevention, and direct-communication data that Underbuild processes as an independent controller as described in the Privacy Policy.

Underbuild will process Customer Personal Data only on Customer’s documented instructions, including as necessary to provide the Services under the Terms, unless applicable law requires otherwise. If legally permitted, Underbuild will inform Customer before processing required by law.

Underbuild will immediately inform Customer if, in Underbuild’s opinion, an instruction infringes Data Protection Laws.

Customer instructs Underbuild to process Customer Personal Data, including transferring it where necessary, to provide, maintain, secure, and support the Services; perform requests initiated by Customer and its authorized users; and comply with the Terms. Customer is responsible for the lawfulness of its instructions and for giving required notices and obtaining required permissions.

A2. Processing details

• Subject matter and purpose: Providing, maintaining, securing, and supporting the Services and performing Customer’s instructions.
• Duration: For the term of the Services and until return or deletion under Section A6, subject to legal retention requirements.
• Nature of processing: Collection, recording, organization, storage, retrieval, consultation, transmission, search, generation, and deletion.
• Frequency: Continuous or on demand throughout Customer’s use of the Services, depending on the feature and Customer’s instructions.
• Types of personal data: Account and contact information; prompts, messages, files, documents, outputs, agent instructions and configurations, memories, context, tool results, connected-service information, and other personal data included in User Content.
• Categories of data subjects: Customer’s authorized users and individuals whose personal data Customer or its users include in User Content.
• Sensitive data: Customer must not intentionally submit special-category personal data, criminal-conviction data, or similarly sensitive regulated data unless Underbuild has agreed in writing to support that processing. Incidental sensitive data remains subject to the security and confidentiality protections in this DPA.
• Customer’s rights and obligations: Customer determines the purposes and means of processing, gives lawful instructions, manages authorized users and permissions, responds to individuals, and meets the controller or processor obligations that apply to Customer.
• Retention: Customer Personal Data is retained for the term and is then returned or deleted as described in Section A6, subject to applicable legal-retention requirements.

A3. Confidentiality and security

Underbuild will ensure that personnel authorized to process Customer Personal Data are bound by confidentiality obligations. Underbuild maintains the following technical and organizational measures to protect Customer Personal Data against accidental or unlawful destruction, loss, alteration, unauthorized disclosure, or access:

• Access controls. Access to Customer Personal Data requires authentication and organization-based authorization. Permissions within Underbuild’s production cloud environment are restricted according to service responsibilities.
• Data separation. Customer Personal Data is logically separated by organization.
• Network and encryption safeguards. Remote connections to Fariq APIs use HTTPS/TLS. Fariq’s production database is encrypted and is not publicly accessible. Remotely stored app credentials use AES-256-GCM envelope encryption with AWS Key Management Service, and the applicable key has automatic rotation enabled.
• Backups and logs. Encrypted production-database backups and operational logs support restoration, security, reliability, and incident investigation.

A4. Subprocessors

Customer gives Underbuild general authorization to engage the following subprocessors to process Customer Personal Data in connection with the Services:

Underbuild will notify Customer of intended additions or replacements to this list by email to an organization administrator or through another reasonable means. Customer may object to a new subprocessor on reasonable data-protection grounds within 30 days after receiving notice. Underbuild and Customer will work in good faith to address the objection and identify a commercially reasonable alternative. If the objection cannot be resolved, either party may terminate the affected Services.

Underbuild will enter into written terms with each subprocessor that impose data-protection obligations comparable to those imposed on Underbuild under this DPA. Underbuild remains responsible for each subprocessor’s performance of the processor obligations applicable to it.

A5. Assistance

Taking into account the nature of processing and information available to Underbuild, Underbuild will reasonably assist Customer with:

• responding to requests from individuals exercising data-protection rights;
• meeting obligations concerning security, personal-data breaches, data-protection impact assessments, and consultations with supervisory authorities; and
• providing information reasonably necessary to demonstrate compliance with applicable processor obligations.

Underbuild will notify Customer without undue delay after becoming aware of a personal-data breach affecting Customer Personal Data and will provide available information reasonably needed for Customer’s response.

A6. Return and deletion

Following expiry or termination of the Services, Underbuild will, at Customer’s instruction, return or delete Customer Personal Data and existing copies unless applicable law requires continued retention. Where retention is legally required, Underbuild will isolate and protect the retained Customer Personal Data from further processing except as required by applicable law.

A7. Assessing compliance

Upon Customer’s reasonable written request, and only to the extent required by applicable Data Protection Laws, Underbuild will:

• No more than once in any 12-month period, provide information reasonably necessary to demonstrate compliance with this DPA; and
• Subject to an appropriate confidentiality agreement, permit and assist with an audit or inspection conducted by Customer or an auditor acting on Customer’s behalf, at Customer’s sole expense.

Any audit or inspection must be necessary to verify Underbuild’s compliance with this DPA, occur no more than once in any 12-month period, and be conducted in a manner that minimizes disruption to Underbuild’s business.

Where permitted by applicable Data Protection Laws, Underbuild may satisfy an audit request by providing a summary of relevant independent audit reports or certifications. All information and materials provided under this Section are Underbuild’s Confidential Information.

A8. International transfers

A8.1 EEA transfers

When Customer Personal Data protected by the EEA GDPR is transferred to Underbuild in a country that the European Commission has not recognized as providing adequate protection, the European Commission Standard Contractual Clauses adopted by Decision 2021/914 (“EU SCCs”) are incorporated into this DPA and completed as follows:

• Module Two applies when Customer is a controller, and Module Three applies when Customer is a processor.
• The optional docking clause in Clause 7 does not apply.
• In Clause 9, Option 2 applies, and the notice period for intended subprocessor changes is 30 days.
• The optional language in Clause 11 does not apply.
• In Clause 17, Option 1 applies and the EU SCCs are governed by Irish law.
• Under Clause 18, disputes will be resolved by the courts of Ireland.

For Annex I.A, Customer is the data exporter and Underbuild LLC is the data importer. Customer’s name, address, contact details, role, and signature date are the details associated with Customer’s account, order form, or acceptance of this DPA. Underbuild’s details are those stated in Section 19 of the Terms; Underbuild acts as processor or subprocessor, and its signature date is the date Customer accepts this DPA. Each party’s relevant activities are described in Sections A1 and A2.

The transfer description required by Annex I.B is provided in Section A2. The competent supervisory authority under Annex I.C is the authority determined under Clause 13 of the EU SCCs. The technical and organizational measures required by Annex II are stated in Section A3. The subprocessor information required by Annex III is stated in Section A4.

A8.2 United Kingdom transfers

When Customer Personal Data protected by the UK GDPR is transferred to Underbuild in a country that is not covered by applicable UK adequacy regulations, the EU SCCs apply as amended by the International Data Transfer Addendum to the EU Commission Standard Contractual Clauses (“UK Addendum”). The UK Addendum is incorporated into this DPA and completed as follows:

• Table 1 identifies Customer as exporter and Underbuild LLC as importer using the party and contact information described in Section A8.1.
• Table 2 selects the EU SCCs, modules, and optional provisions identified in Section A8.1.
• Table 3 incorporates the processing details in Section A2, the security measures in Section A3, and the subprocessor information in Section A4.
• For Table 4, both the importer and exporter may end the UK Addendum as permitted by Section 19 of its Mandatory Clauses.

The following mandatory incorporation wording applies: “Part 2: Mandatory Clauses of the Approved Addendum, being the template Addendum B.1.0 issued by the ICO and laid before Parliament in accordance with s119A of the Data Protection Act 2018 on 2 February 2022, as it is revised under Section 18 of those Mandatory Clauses.”

A8.3 Transfer assessments and other safeguards

Underbuild will reasonably cooperate by providing information needed for Customer’s transfer impact assessment under the EEA GDPR or transfer-risk assessment under the UK GDPR. The parties will implement any additional safeguards that their assessment determines are necessary before making the affected transfer.

Where Swiss data-protection law applies to a restricted transfer, the EU SCCs apply with the adaptations required by Swiss law.

A9. Order of precedence

If this DPA conflicts with the Terms regarding processing of Customer Personal Data, this DPA controls. An applicable transfer mechanism controls over this DPA to the extent of any conflict. Nothing in the Terms or this DPA restricts its third-party beneficiary rights, mandatory liability rules, audit rights, or data-subject rights.