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Terms of Service

Last updated: April 18, 2026

These Terms of Service ("Agreement") govern your use of the website foenix.ai and the software-as-a-service platform (collectively, the "Services") provided by Cybereter FZ-LLC ("Company", "Foenix", "us", "we", or "our"), a company registered in Ras Al Khaimah, United Arab Emirates.

Your ("Customer," "you", or "your") access to and use of the Services is conditioned upon your acceptance of and compliance with this Agreement. This Agreement applies to all visitors, users and others who wish to access or use the Services.

By accessing or using the Services you agree to be bound by this Agreement. If you disagree with any part of this Agreement then you do not have permission to access the Services.

1. Description of Service

Foenix.ai is an AI-powered development assistant for WordPress. The Services connect to your WordPress installation to assist with interface edits, code generation, site analysis, and autonomous agent tasks.

The Services operate in four primary modes:

  • Live Chat: Informational assistance and site analysis.
  • Direct Edits: Real-time interface modifications.
  • Vibe Coding: Code generation and implementation.
  • Agents: Autonomous tasks (SEO, meta tags, speed optimization, etc.).

We reserve the right to modify, suspend, or discontinue any aspect of the Services at any time without notice.

Delivery: Access to the Services is granted immediately upon registration. For paid plans, full access is activated automatically upon successful payment.

2. Eligibility and Accounts

  • Age: You must be at least 18 years old to use the Services.
  • Registration: You agree to provide accurate, current, and complete information during the registration process and to update such information to keep it accurate, current, and complete.
  • Security: You are responsible for safeguarding the password that you use to access the Services and for any activities or actions under your password. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account. We will not be liable for any loss or damage arising from your failure to comply with this section.
  • Intended Use: The Services are designed and offered for professional use — including by developers, freelancers, agencies, web designers, and operators of commercial or monetized websites. While we welcome all users who find value in our Services, you acknowledge that our features, pricing, and support are tailored to professional workflows rather than purely personal or hobby use.
  • Geographic Restrictions: The Services are currently not available to residents of the United Arab Emirates. By registering, you represent that you are not a UAE resident. We reserve the right to refuse service to users in restricted jurisdictions.

3. Access to Your WordPress Site

To function, Foenix.ai requires access to your WordPress environment (via plugin, API, or database connection). By connecting your site, you grant Cybereter FZ-LLC and our automated systems permission to:

  • Read your website's file structure, database, and codebase.
  • Execute code changes, install plugins, or modify themes as instructed by you or the autonomous agents you enable.

Backup Responsibility. You acknowledge and agree that:

  • (a) Backup obligation. You are solely responsible for creating and maintaining complete, working backups of your WordPress website (including database, files, themes, plugins, uploads, and configuration) before connecting Foenix.ai to your site, before performing any significant operation, and on a regular ongoing basis while using the Services.
  • (b) No backup by us. We do not automatically back up your WordPress website, and we have no obligation to do so. The Services are not a backup solution and should not be relied on as one.
  • (c) No rollback guarantee. While the Services may offer undo or revert features for some operations, we do not guarantee the availability, completeness, or success of any rollback, undo, or recovery mechanism. Some changes may be irreversible.
  • (d) Recommended practice. Before approving any AI-generated change, you should ensure you have a recent backup and a tested restoration procedure. This is especially important for production sites, e-commerce stores, and sites with user-generated content.
  • (e) Allocation of risk. Automated code edits and AI-driven operations carry inherent risks. WE ARE NOT RESPONSIBLE FOR ANY DATA LOSS, DATABASE CORRUPTION, SITE DOWNTIME, BROKEN FUNCTIONALITY, LOST REVENUE, OR ANY OTHER DAMAGES RESULTING FROM YOUR FAILURE TO MAINTAIN ADEQUATE BACKUPS OR FROM CHANGES MADE THROUGH THE SERVICES, WHETHER BY YOU OR BY AUTONOMOUS AGENTS YOU ENABLED.

4. AI-Generated Content and Code

Human-in-the-loop Requirement: Foenix.ai provides a 'Human-in-the-loop' workflow. You are required to review and manually approve any significant code changes or content before they are deployed to a production environment. The use of 'Agents' for autonomous tasks is subject to your initial configuration and ongoing supervision. You remain solely responsible for the final implementation and consequences of any AI-generated output.

Nature of AI: The Services utilize Artificial Intelligence (AI) and Large Language Models (LLMs) to generate code and content. AI can make mistakes ("hallucinations"). You acknowledge that the output provided by Foenix.ai may not always be accurate, secure, or bug-free.

User Responsibility: You are solely responsible for reviewing, testing, and validating any code, text, or changes applied by Foenix.ai before deploying them to any environment. You assume all risks associated with using AI-generated code.

No Guarantee: We do not guarantee that AI-generated content or code will be fit for any particular purpose, free of errors, or compatible with your systems.

Ownership:

  • Your Data: You retain ownership of your website, your code, and your content.
  • Generated Output: Subject to your compliance with this Agreement, to the extent that Cybereter FZ-LLC holds any rights, title, or interest in the specific output generated by the Services for you, we assign such rights to you on an "as is" basis. You acknowledge that under the laws of certain jurisdictions, AI-generated works may not qualify for copyright or other intellectual property protection.

License for Service Improvement: You grant Cybereter FZ-LLC a non-exclusive, worldwide, royalty-free license to use aggregated and de-identified data derived from your use of the Services to improve, develop, and train our AI and machine learning models. You may opt out of this use at any time by emailing [email protected], as described in our Privacy Policy.

5. Subscriptions and Payments

Free Trial: We may offer a free trial period. We reserve the right to modify or discontinue free trials at any time.

Plans:

  • Free: $0/month — up to 1 site, 500 credits (limited features).
  • Starter: $25/month (or $240/year billed annually) — up to 3 sites, 5,000 credits per month.
  • Pro: $50/month (or $480/year billed annually) — up to 25 sites, 10,000 credits per month.

Credits: Credits are units consumed when you use the Services (including AI operations, code generation, and agent tasks). The number of credits consumed depends on the complexity of the task. Monthly subscription credits do not roll over to the next billing period unless otherwise stated. Additional credit packs may be purchased; credits from such packs expire six (6) months after the date of purchase unless used earlier. Refund terms for credit packs are as described in the Refunds section.

We reserve the right to modify pricing at any time. Price changes will apply to subsequent billing cycles.

Billing: Paid services are billed in advance on a monthly or annual basis.

Automatic Renewal: Paid subscriptions automatically renew at the end of each billing cycle (monthly or annual) at the then-current price until you cancel. We send an email reminder at least 7 days before each renewal, stating the renewal date and amount. You may cancel at any time from Account Settings in a single step. Cancellation takes effect at the end of the current paid period, and you retain access through that date.

Payment Processing: Payments are processed by Stripe, Inc. ("Stripe"). Cybereter FZ-LLC is the Merchant of Record and is responsible for billing, invoicing, applicable tax collection and remittance, and billing-related customer service.

Taxes: Prices displayed on our website are exclusive of applicable taxes (VAT, GST, sales tax) unless otherwise stated. Applicable taxes will be calculated and added at checkout based on your billing location. If you are a business customer registered for VAT/GST in your jurisdiction, you must provide a valid tax identification number at the time of payment; for eligible transactions (such as B2B sales within the EU/UK), reverse charge rules may apply and no tax will be collected by us. You are responsible for the accuracy of the tax information you provide.

Cancellation: You may cancel your subscription at any time directly from your account settings. Cancellation will be effective at the end of the then-current subscription period. You will be responsible for all subscription fees incurred for the then-current subscription period. If you cancel, your right to use the Services will continue until the end of your then-current subscription period and will then terminate without further charges.

Refunds: If you are not satisfied with your purchase, you may request a refund within 14 days of the initial subscription payment. To request a refund, contact us at [email protected]. Additional credit packs are refundable within 14 days of purchase, provided that no credits from the pack have been consumed. Once any portion of a credit pack has been used, the purchase becomes non-refundable. Refunds are processed via Stripe and typically appear on your payment method within 5–10 business days.

Immediate Access and Waiver of Withdrawal Right: Where applicable under EU/UK consumer law, you expressly request that the Services begin immediately upon activation, and you acknowledge that by starting to use the Services you lose any statutory right of withdrawal (for example, the 14-day cooling-off period under the EU Consumer Rights Directive). This does not affect refund rights described above.

Data After Cancellation: Active data (connected sites, prompts, generated outputs, agent logs) is retained for 30 days after termination to allow reactivation, then permanently deleted. Billing records are retained for 7 years as required by tax law. You may request earlier deletion of your Personal Information at any time by emailing [email protected], subject to legal retention requirements.

6. Acceptable Use

You agree not to use the Services to:

  • Generate, request, or deploy malicious code, malware, viruses, ransomware, keyloggers, or any code designed to harm, exploit, or gain unauthorized access to systems.
  • Scan or attack third-party websites without authorization.
  • Reverse engineer, decompile, or disassemble the Foenix.ai platform.
  • Use the Services for any illegal purpose or in violation of any applicable laws or regulations.
  • Attempt to gain unauthorized access to our systems or other users accounts.
  • Resell or redistribute the Services without our written consent.
  • Interfere with or disrupt the integrity or performance of the Services.
  • Use the Services, AI Output, or prompts to train, develop, or improve competing AI models or services.
  • Use the Services in violation of applicable export control or sanctions laws (including US OFAC, EU, and UK sanctions).

We reserve the right to refuse service, terminate accounts, remove or edit Customer Data, or cancel orders in our sole discretion, without prior notice.

7. Intellectual Property

The Services, including its original content, features, functionality, and all related intellectual property rights, are and will remain the exclusive property of Cybereter FZ-LLC.

You may not copy, modify, distribute, sell, or lease any part of our Services or included software, nor may you reverse engineer or attempt to extract the source code of that software.

We respect the intellectual property rights of others. If you are a copyright owner, or authorized on behalf of one, and you believe that the copyrighted work has been copied in a way that constitutes copyright infringement, please submit your claim via email to [email protected], with the subject line: "Copyright Infringement". You may be held accountable for damages (including costs and attorneys' fees) for misrepresentation or bad-faith claims.

8. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW:

NO WARRANTY: THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OF ANY KIND. WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

DATA LOSS: CYBERETER FZ-LLC SHALL NOT BE LIABLE FOR ANY DAMAGES RESULTING FROM DATA LOSS, CORRUPTION OF DATABASE, WEBSITE DOWNTIME, SECURITY BREACHES, HACKING, BUGS INTRODUCED BY AI EDITS, OR ANY OTHER TECHNICAL ISSUES.

LIABILITY CAP: IN NO EVENT SHALL OUR AGGREGATE LIABILITY EXCEED THE GREATER OF (A) THE AMOUNT YOU ACTUALLY PAID TO US IN THE TWELVE (12) MONTHS PRIOR TO THE CLAIM, OR (B) ONE HUNDRED US DOLLARS ($100).

EXCLUSION: IN NO EVENT SHALL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFITS, DATA, USE, GOODWILL, BUSINESS OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, REGARDLESS OF WHETHER WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND REGARDLESS OF THE LEGAL THEORY UPON WHICH THE CLAIM IS BASED.

MANDATORY LAW CARVE-OUT: NOTHING IN THIS AGREEMENT LIMITS OR EXCLUDES OUR LIABILITY FOR FRAUD, FRAUDULENT MISREPRESENTATION, GROSS NEGLIGENCE, OR ANY OTHER LIABILITY THAT CANNOT BE LIMITED OR EXCLUDED UNDER APPLICABLE LAW.

ESSENTIAL PURPOSE: THE LIMITATIONS OF LIABILITY SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US AND YOU.

9. Indemnification

You agree to indemnify, defend, and hold harmless Cybereter FZ-LLC and its officers, directors, employees, agents, affiliates, successors, and assigns from and against any and all claims, damages, obligations, losses, liabilities, costs, and expenses (including but not limited to attorneys' fees) arising out of or related to:

  • Your use of the Services.
  • Your violation of this Agreement.
  • Your violation of any third-party rights, including intellectual property rights.
  • Any content or code generated through your use of the Services.
  • Any damage caused to your website or third-party websites through your use of the Services.
  • Any claim that your use of the Services caused damage to a third party.

This indemnification obligation will survive the termination of this Agreement.

10. Termination

We may terminate or suspend your account and access to the Services immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach this Agreement.

Upon termination, your right to use the Services will cease immediately. All provisions of this Agreement which by their nature should survive termination shall survive, including but not limited to ownership provisions, warranty disclaimers, indemnity, limitations of liability, and dispute resolution.

We are not liable for any loss of data, content, or damages of any kind resulting from termination of your account.

11. Governing Law

This Agreement shall be governed by and construed exclusively in accordance with the laws of the United Arab Emirates, as applicable in the Emirate of Ras Al Khaimah, without regard to its conflict of law principles.

You expressly agree that the laws of the UAE shall govern this Agreement regardless of your country of residence, citizenship, or where you access the Services from.

12. Dispute Resolution and Arbitration

PLEASE READ THIS SECTION CAREFULLY. IT AFFECTS YOUR LEGAL RIGHTS, INCLUDING YOUR RIGHT TO FILE A LAWSUIT IN COURT AND TO HAVE A JURY TRIAL.

A. Informal Resolution

Before initiating any formal dispute proceeding, you agree to first contact us at [email protected] and attempt to resolve the dispute informally. Most disputes can be resolved this way.

B. Mandatory Consumer Rights

If you are located in the European Economic Area, United Kingdom, Switzerland, or another jurisdiction where mandatory consumer protection laws grant you the right to bring claims in your local courts, nothing in this Section 12 deprives you of that right. The arbitration provisions below apply to the maximum extent permitted by applicable law.

C. Binding Arbitration

If we cannot resolve a dispute informally, any dispute, controversy, or claim arising out of or relating to this Agreement or the Services, including the determination of the scope or applicability of this agreement to arbitrate, shall be settled exclusively by binding arbitration administered in Ras Al Khaimah, United Arab Emirates, in accordance with applicable arbitration rules.

  • Location: All arbitration proceedings shall take place exclusively in Ras Al Khaimah, United Arab Emirates.
  • Language: Arbitration shall be conducted in English.
  • Decision: The arbitrator's decision shall be final and binding, and judgment may be entered in any court of competent jurisdiction.
  • Costs: Each party shall bear its own costs and attorneys' fees.
  • Confidentiality: All arbitration proceedings shall be confidential.

D. Class Action Waiver

YOU AND CYBERETER FZ-LLC AGREE THAT EACH PARTY MAY BRING DISPUTES AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, COLLECTIVE, CONSOLIDATED, OR REPRESENTATIVE ACTION.

YOU AGREE TO WAIVE ANY RIGHT TO PARTICIPATE IN A CLASS ACTION LAWSUIT OR CLASS-WIDE ARBITRATION.

If the class action waiver is found unenforceable with respect to a particular claim, that claim shall be severed and adjudicated in a court of competent jurisdiction, while the arbitration obligation remains in effect for all other claims.

E. Exclusive Jurisdiction

To the extent that arbitration is not applicable or enforceable, you agree that any legal action or proceeding shall be brought exclusively in the courts of Ras Al Khaimah, United Arab Emirates. You hereby irrevocably consent to the personal jurisdiction and venue of such courts and waive any objection based on inconvenient forum or any other basis.

F. Waiver of Jury Trial

YOU HEREBY KNOWINGLY, VOLUNTARILY, AND INTENTIONALLY WAIVE ANY RIGHT YOU MAY HAVE TO A TRIAL BY JURY IN CONNECTION WITH ANY DISPUTE ARISING UNDER OR RELATING TO THIS AGREEMENT.

G. Time Limitation

YOU AGREE THAT ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE SERVICES OR THIS AGREEMENT MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE, OR BE FOREVER BARRED.

13. Changes to Agreement

Material Changes (such as pricing structure, refund policy, data processing, dispute resolution, or governing law): we notify you by email or in-product notice at least 30 days before they take effect. You may reject the changes by cancelling your subscription before the effective date and receive a prorated refund for any prepaid unused period.

Non-Material Changes (clarifications, formatting, contact information): take effect upon posting on this page.

Acceptance. Your continued use of the Services after changes take effect constitutes acceptance. If you do not accept, stop using the Services and cancel your subscription.

14. Severability

If any provision of this Agreement is held to be unenforceable or invalid by a court or arbitrator of competent jurisdiction, such provision will be enforced to the maximum extent permissible so as to effect the intent of this Agreement, and the remaining provisions will continue in full force and effect.

15. Entire Agreement

This Agreement, together with our Privacy Policy and any other legal notices published by us on the Services, constitutes the entire agreement between you and Cybereter FZ-LLC regarding the Services and supersedes all prior agreements, understandings, and representations, whether written or oral.

16. No Waiver

Our failure to enforce any right or provision of this Agreement will not be considered a waiver of such right or provision. The waiver of any such right or provision will be effective only if in writing and signed by a duly authorized representative of Cybereter FZ-LLC.

17. Assignment

You may not assign or transfer this Agreement or your rights hereunder, in whole or in part, without our prior written consent. We may assign our rights and obligations under this Agreement without restriction or notification.

18. Force Majeure

We shall not be liable for any failure or delay in performing our obligations under this Agreement due to circumstances 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, accidents, pandemic, strikes, or shortages of transportation, facilities, fuel, energy, labor, or materials; outages, degradation, or policy changes of third-party cloud infrastructure or Large Language Model providers (including Google Cloud, OpenAI, Anthropic, Google, Fireworks AI); regulatory changes affecting AI services; or cyber-attacks or DDoS attacks targeting us or our providers.

19. Contact Us

If you have any questions about this Agreement, please contact us at:

Cybereter FZ-LLC
Ras Al Khaimah, UAE
Email: [email protected]